Listed below are the terms, conditions and disclaimers governing the website SingingSingles.net. Please note that in this disclaimer “you” or "user" refer to the member or the visitor, and “we”, “our” or SingingSingles.net refers to SingingSingles.net (“SS”) which owns and operates the website.
NOTE: It is very important to read these terms and conditions carefully. Use of this site and any related services are subject to your compliance with the following terms and conditions. Please read the information carefully. Your continued use of this site indicates your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, promptly exit this site. By accepting these terms and conditions you are verifying that you are at least 18 years of age.
SS is an online relationship and resource web site (“Site”) providing singers with a variety of performance and event listings, tools of the trade, information of interest to singers, and the opportunity to interact with other singers and with sponsors promoting related products or events. These services are provided to you subject to the Terms & Conditions set forth in this disclaimer and any operating rule or policy that may be posted here from time to time by SS.
This Site contains pages and materials made available for download and viewing by SS, by individual users of the Site and by sponsors and other content contributors. Portions of the Site authored by SS or its authorized agents, contractors, and employees are referred to herein as "SS Materials." Portions of the Site authored by other contributors are referred to herein as "Third Party Materials."
Use of SS Materials
All SS Materials on the Site are protected by federal and international copyright and trademark laws and are the property of Singing Singles, LLC. and/or its affiliates. No portion of the SS Materials may be reprinted, republished, modified, reproduced, or distributed to be sold in any form without the express written permission of Singing Singles, LLC. You may view or download SS Materials for your own personal, non-commercial use. You may not remove any proprietary notices, including copyright notices, contained on any downloaded SS Materials and you shall comply with any applicable end-user license agreements. With respect to SS Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Singing Singles, LLC.
Accuracy of SS Materials
Although SS attempts to ensure the integrity and accuracy of SS Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the SS Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform SS at director@singingsingles.net so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Warranty Disclaimer
This site, including any content or information contained herein or any site-related service, is provided "as is," with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied accuracy of information, fitness for a particular purpose, and nonfinfringement. You assume total responsibility and risk for your use of this site, site-related services, and any linked web sites.
Under no circumstances shall Singing Singles, its affiliates or its sponsors be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this site, site-related services, content or information contained herein, or any linked web site. Your sole remedy for dissatisfaction with the site, site related services, content, or information contained herein, or linked web sites is to stop using the site, site-related services, content, or information, or linked web sites.
Amendments to the Terms & Conditions
SS reserves the right to modify and/or revise these Terms & Conditions from time to time. User will be responsible for reviewing these Terms and Conditions so as to be aware of such amendments. Modifications or revisions will be posted in this disclaimer, and the continued use of SS after such changes have been posted will constitute the user’s agreement to the modified and/or revised terms & conditions and all of the changes. There is a premise that the user will have read these Terms & Conditions each time he/she accesses, and prior to using, SS.
Access to the Web Site
You are responsible for obtaining access to the SS web site and are required to pay any third party fees (such as Internet services provider or airtime charges) that may be involved. You are solely responsible for those fees. In addition, you must provide any and all equipment and/or software, including a computer and modem or cable, necessary to establish a connection to SS and/or utilize the features and services of SS.
Using the Website
The information, text, graphics, audio, video, audio, images, software and other intellectual property (collectively known as “Components”) contained on the Website are protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws. The Member is permitted to use this Content only as expressly authorized by SS or the Advertiser, as applicable. The Terms do not transfer any right, title, or interest in the contents of SS to the User and the User may not reproduce, copy, distribute, sell, resell, create derivative works, or otherwise exploit this web site, or any portion of this web site, without the express prior written consent of SS. You may only access and use these components for non-commercial personal or educational purposes. You may not reproduce, distribute, publicly perform, publicly display, modify or create derivative works of these components in any form, unless authorized by the appropriate copyright owner(s). We reserve the right to refuse service, terminate accounts, and/or cancel orders at our sole discretion. You should not attempt to "pass off" any components as your own work. Any software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.
WARNING:
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Web Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you that you or others may post on the site discussion forum. By using the Site, you assume the risk of such occurrences. Your only remedy is to discontinue use of the site.
Copyright and Trademark Policy
The mark SingingSingles, and affiliated logos are pending trademarks of SS and SS reserves all rights to these marks. Some of the marks used on this site are owned by third parties and SS makes no claim of ownership to these marks.
SS contains trademarks and other content including musical compositions, sound recordings, video streams or other written or visual images furnished by SS members and/or third parties. All content is posted by an individual, group or company who has represented and warranted to SS that, among other things, neither the content nor the names, trademarks and service marks under which content is promoted infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral. You should assume that audio files, images, photographs, illustrations, text and other materials, (“Site content”), you access on the website that was not furnished or received by you is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the site content in any way for any public or commercial purpose without prior written consent of the copyright holder.
Links to Other Websites from
SingingSingles.net
The Web Site, or third parties may provide or contain, links to other web sites or resources. SS does not have control over such web sites and resources and therefore cannot presume any responsibility for the content or services of such other web sites or resources. SS shall have no liability in regard to any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through such web sites or resources. Your use of such web sites is at your own risk and requires your own independent research. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
User Online Conduct
While using any of the services provided by the website, you agree NOT to do any of the following:
Violate any applicable local, state, national, and international laws and regulations;
Submit, publish or display anywhere on the SS web site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material of any nature, or any material that infringes upon or violates the rights of others;
Access, tamper with or use restricted or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Target SS or any other user with the intent to cause harm, distress, embarrassment or other discomfort;
Upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or program that may damage the operation of another computer;
Tamper with postings of other users;
Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;
Post false or misleading information about a product, service or service request;
Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
Fail to respond to an email from SS regarding violation, dispute or complaint.
Post any offensive picture(s) or material(s) to your user profile. There will be a delay in posting your profile picture until it receives management approval.
If you violate these terms SS may, with or without prior warning, terminate your membership account without refund or compensation.
Use of Blogs and Forums
SS will attempt to remove or edit any generally objectionable material as quickly as possible but it is not possible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence SS will not be held liable.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. We reserve the right to remove any information or materials that are of commercial intent, unlawful, threatening, abusive, libelous, defamatory, obscene, profane, indecent, or otherwise objectionable to us at our sole discretion. Posting any of the above may lead to your membership being immediately and permanently terminated and your service provider being informed. The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised. This forum system uses cookies to store information on your local computer. These cookies do not contain any of the information you have entered above; they serve only to improve your viewing pleasure. The e-mail address is used only for confirming your registration details and password and for sending new passwords should you forget your current one.
Commerce on the Website
Singing Singles provides you the facility to order, purchase or obtain membership, advertising, products or services through SS. However, all transactions relating to merchandise or services offered by any party other than SS are solely between the seller and you, and you acknowledge that SS and its subsidiaries and affiliates make no warranties or representations with regard to such merchandise and/or services. You agree that SS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties’ presence on the web site.
Fees and Payments
SS may charge you fees for certain services or advertising opportunities mentioned on the website if you request them. You agree to pay all fees and charges, including applicable taxes if any, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. SS reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.
By submitting such credit card information, you give SS permission to charge, through our merchant account, all fees incurred through your account to the credit card you designate on the Purchase Form. All fees (other than renewal fees) will be charged at the time they are incurred.
Your right to use the User features is subject to any restrictions established by SS or by your credit card issuer. If payment cannot be charged to your credit card or your payment is returned for any reason, including charge back, SS reserves the right to either suspend or terminate your membership account.
Username or Login, Password and Security
The User shall choose a Password and Login or Username upon completing the membership registration process. The person is then entirely responsible for any and all activities that occur under the User’s Password and Username. You must safeguard the User ID and password you use to access this site. You authorize us to assume that any person using the site with your User ID and password either is you or is authorized to act for you. The User agrees to immediately notify SS of any unauthorized use of the User's Password and/or Username.
SS is committed to handling your transactions information with high standards of information security. Your credit card and bank account information are stored only in encrypted form on computers that are not connected to the Internet. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. In the event of a breach of security through your account, you will be liable for unauthorized use until you notify us at director@SingingSingles.net
Provide Accurate Information
You agree to provide true, accurate and complete information as prompted by the membership registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Site (including but not limited to posting a request for services, and/or posting your profile), you agree to provide true, accurate and complete information. SS reserves the right to terminate your membership account upon the discovery that the information you provided or posted is not complete or accurate.
Privacy Agreement
Singing Singles and its affiliates and partners understand how important privacy is to our users. We are committed to this policy so that our users clearly and fully understand how their personal information is collected and used. At no time will your personal details or e-mail address be passed onto any third parties. We only hold details of e-mail addresses and our customers’ personal details. We do not retain any financial data. Financial data is held by our e-commerce partner Plug n Pay. For information regarding their privacy policy please refer to their website. We may update this Privacy Agreement from time to time as our services change and expand. The revised Privacy Agreement will be listed in the disclaimer on this page. The revised terms will take effect when they are posted. Once any changes that we make to this Privacy Agreement become effective, your continued use of the Site after such time will signify your acceptance of the new terms.
Modifications to Service
SS reserves the right to modify, interrupt or discontinue, temporarily or permanently, the service (or any part thereof) at any time and from time to time with or with out notice. You agree that SS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Disclaimer of Warranties
You expressly acknowledge, understand and agree that, your use of SS is at your own risk. The web site and services are provided on an "as is" and "as available" basis. SS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SS makes no warranty that the services available on the website will be uninterrupted, timely, or error-free, and that the information or results obtained from the use of the service will be accurate or reliable. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the website. We make no warranty that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. Any material downloaded from or otherwise obtained through the use of the service is at your own risk and discretion. You will be solely responsible for any damage to your computer system or loss of data resulting from such download or use. Under no circumstance will SS be liable for any loss or damage caused by your reliance on information obtained through the website.
Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.
Modification and Deletion of Terms & Conditions
Singing Singles reserves the right in its sole discretion to monitor, edit or delete any of these terms & conditions mentioned in the disclaimer from time to time. With any such modifications or deletions made, SS would post a revised version of the disclaimer on the website. The users would not be notified by SS in any direct ways such as emails, postal mails etc. that any such modifications/deletions have been made. It is the user’s responsibility to read the disclaimer document from time to time to be aware of any such modifications. It is presumed that every time he/she accesses the website, the user has accepted the terms & conditions stated in the disclaimer.
Forward-Looking Statements
The Web Site may contain projections or other forward-looking statements regarding future business events or activities. It’s important to understand that any such statements reflect only predictions and that actual developments, results and events might differ materially. Nothing contained on the Web Site constitutes a solicitation by SS of the purchase or sale of securities.
International Use
SS makes no representation that Content or Materials on this Web Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws.
License Agreement
By posting any audio, video or otherwise digitally produced product on SS, you agree to the following terms and conditions. All audio, video or otherwise digitally produced files are licensed and or copyrighted by the poster. Your use of the audio, video or otherwise digitally produced product is limited and restricted solely for personal, educational and non-commercial purpose. Neither you nor anyone else may make any copies of any of the postings. Transfer, copying or duplication of a recording in whole or in part is expressly prohibited unless specifically authorized in writing by the copyright holder. In the event of a breach of these terms, action will be taken against you directly by the owner of the copyright.
Infringement
It is SS's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. SS may terminate the access of all users who infringe the intellectual property rights of others. Likewise, any apparent infringement of SS's intellectual property rights by one of its users will result in the immediate termination of that user's access to the Site and possible prosecution as permitted by law. As provided in the Digital Millennium Copyright Act of 1998, SS has designated the following individual for notification of potential copyright infringement regarding Member Materials and Third Party Materials on this Site:
SingingSingles.net, LLC P.O. Box 8057
Lowell, MA 01854
Neither SS nor any other party involved in creating, producing, or delivering the site (including, but not limited to, third party applications and site content) shall be liable for any incidental, special, consequential or indirect damages resulting from your access to, or use of, or inability to use the site and the site content, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we know of the possibility of such damage.
Indemnification
You agree to defend, indemnify and hold harmless SS, its directors, officers, employees, subsidiaries, affiliates, providers, sponsors and licensors from all liabilities, claims and expense, including attorney's fees, that arise from or relate to your use or misuse of this Site or of information derived from this Site or any breach of these Terms and Conditions of Use. SS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SS in asserting any available defenses.
General and Legal Venue Information
These Terms & Conditions constitute the entire agreement between you and SS and govern your use of the services, superceding any prior agreements between you and SS. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The terms and conditions specified in this disclaimer and the relationship between you and SS shall be governed by all the applicable laws. These Terms and Conditions are entered into in the State of Massachusetts, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Middlesex in the State of Massachusetts, U.S.A., and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any portion of the Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. The failure of SS to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. These terms & conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.
Contacting Us
If You have any questions about these Terms & Conditions stated in this disclaimer of this Site, you may contact us at our email address: director@singingsingles.net or mail to: