Last Updated: December 2019
Welcome to the Songclip website at www.songclip.com (the “Website”) made available by Audiobyte, LLC (“Company,” “we,” “us,” or “our”). Company reserves the right to change these Terms and to modify and/or limit access to the Website at any time without notice to you. By using or accessing the Website, you agree to be bound by the most recent Terms.
All content that is made available to view and/or download in connection with the Website is the copyrighted work of and is owned by Company and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of Company and the copyright owner. You may not frame or otherwise include the Website within any other website or software.
The Website may contain links to third party websites or services (“Third Party Websites“) that are not owned or controlled by Company. When you access Third Party Websites, you do so at your own risk. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Website.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY THIRD PARTY WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website.
Limitation of Liability
Except where prohibited by law, in no event shall Company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website under any contract, negligence, tort, strict liability or other legal or equitable theory for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever. If, notwithstanding the other provisions of these Terms, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Company’s liability shall in no event exceed US$10.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Company reserves the right, at any time, without notice, to modify, suspend or terminate operation of or access to all or a portion of the Website, for any reason or no reason. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate these Terms and its rights and obligations without consent. Both parties agree that these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
This Terms shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. For any dispute related to this Terms, you agree to the personal jurisdiction by and venue in the state and federal courts in the City and County of San Francisco, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
If you have any questions, complaints, or claims with respect to the Website, you may contact us at firstname.lastname@example.org.