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TERMS AND CONDITIONS ABOUT THE USE OF SINGERHOOD
What follows is related to your rights and obligations regarding Singerhood. It's in your best interest to know about it.
1. Scope of action and definitions
The contract contains information regarding the services of Singerhood, as well as its rates, charges and taxes. It also specifies the conditions of automatic renewal of subscriptions, limitations of liability, the use and safekeeping of private information, the arbitration devices and the notification of possible future changes to the terms, conditions and policies.
These terms, conditions and policies pertain to Singerhood and companies included in its group (said group will be referred to as \"we,” \"us\" or \"our\" for all effects and purposes in the documents it publishes). They also refer to the services, applications, pages, communities and means of communication that, as a whole, make up the \"service,” as well as the content or material published in its platform (\"the contents\").
Singerhood provides services in different countries, therefore its applications, pages and services are always available in any of the local official languages. However, communication by users of Singerhood must always be in English or Spanish.
2. requirements to access Singerhood services and contents
To take full advantage of the application's benefits, a stable, high-speed broadband internet connection for data transfer is required. The mobile device (telephone or tablet) with an Android 6.0 or higher operating system and at least 2 GB of RAM. For iOS, the recommended devices are at least iPhone 6 (2014) or iPad Pro. For both (iOs and Android), the available storage should be at least 600 MB.
3. Legal conditions to access the services and contents of Singerhood
To use Singerhood and enjoy its contents, you must fulfil the following four conditions:
Be over 18 years old or if over 13 and under 18, you will also have the explicit and stated consent of your parent or legal guardian regarding the contracts (specific treatment in some countries follows in the list below).
Reside in a country where Singerhood provides its services.
To have the capacity to formalize a binding agreement with Singerhood without local laws preventing it in your country of residence as a user.
To guarantee that all the subscription information you provide to Singerhood is true and complete, accepting that it will be so at any and all moments.
Therefore, by accessing the Singerhood service you declare to fulfil all four conditions.
Additionally, there are contract restrictions due to age in some countries, since the legal age to register in Singerhood can change country by country, in addition to the conditions set forth in the case of being a minor of legal age (parental authorization) or being subject to legal protection measures (such as legal guardianship), some additional requirements may apply:
Brazil: Over 18 years of age or over 16 with the consent of parent or legal guardian.
Bulgary, Hungary, Germany: Over 18 years of age or over 14 with the consent of parent or legal guardian.
Chile, Ecuador, Paraguay, Peru: Over 18 years of age or over 15 with the consent of parent or legal guardian.
Spain: For the free use: 14 years old. For the paid service: over 18 years old, or over 14 if the parent or legal guardian subscribes to the contract on their behalf.
Nicaragua and Taiwan: Over 20 years old or 13 or over with the consent of parent or legal guardian.
Italy: For the free use: 13 years old. For the paid service: over 18 years old or over 13 if the parent or legal guardian subscribes to the contract on their behalf.
Malaysia: Over 18 years old or over 13 with consent of the parent or legal guardian who subscribes to the contract on their behalf.
Lithuania: For the free use: 13 years old. For the paid service: over 18 years old, or 14 or over with consent of the parent or legal guardian. Between the ages of 13 to 18, the parent or legal guardian subscribes to the contract on their behalf.
Brazil: Over 18 years of age or over 16 with the consent of parent or legal guardian.
Canada: For the free service: over 13 years old. For the paid service: legal adult or over 13 years old with consent of the father, mother or legal guardian.
4. Costs and payment methods for services and contents
In the case of the \"Free Plan\" (\"freemium\"), Singerhood's contents and services will be free of charge and without time limit. The only condition is to make a registration in the system. This plan provides access to a limited number of parts pieces from the Singerhood repertoire. \nFor all other Singerhood plans, each new user gets free access to all of its services and contents during a month. After this period elapses, the user must pay the rates displayed in the web page www.singerhood.com. \nWith the exception of the \"Free Plan\" (which only requires submission of user registration), all other plans mean that, at the time of subscription, the user will submit the requested information, including payment information that will allow fees to be charged once the initial free period has ended.
IMPORTANT: By accessing for the first time in the free month, we request your payment information. Once the trail period is over, we will start to charge you automatically for a monthly subscription. If you prefer to cancel the subscription at any time during the trial period, you must notify firstname.lastname@example.org or cancel your Singerhood account before the paid period or the trial period expires.
NOTE: There may be limitations in the number of hours of monthly free use for people residing in Turkey.
If you need support with issues related to your payments, please send a message to email@example.com. Our commitment is to answer with satisfactory information within a reasonable amount of time but we do not guarantee any specific term or a concrete resolution.
When you decide upon the paid subscription mode, you will use one of the payment methods offered through the web page www.singerhood.com. Once you pay the first fee, you have a grace period of 14 days to request a cancellation and the complete reimbursement of the amount paid as long as you did not use the service or contents; if you did, you will not be eligible for a reimbursement. The method by which the reimbursement will be processed will depend on the payment method you used.
At the end of the trial subscription period, Singerhood will automatically renew your subscription using the payment method you provided unless there are specific instructions by you indicating otherwise.
If you wish to cancel your subscription, it will be effective the day after the day when your current subscription would normally end. If by that day you continue to use the services or contents of Singerhood, you will be charged for the following period of subscription without any right to a reimbursement.
Singerhood reserves the right to alter the price of its services or contents, notifying you at least a month in advance and providing you the opportunity to cancel your service if you do not agree with the new rates. In case you do not request to cancel, it will mean that you accept the new rates and they will be effective at the start of subscription period following their announcement. If you do not agree with the new rates, you will be able to cancel your subscription in the period given before they are applied, so as to avoid paying them.
5. About proper use of Singerhood
Singerhood defends and respects the intellectual property copyrights and assumes that you will do so as well. This means that it is completely unacceptable to record, copy, transfer or redistribute in any way any content of your own or licensed by Singerhood that is offered as part of its service with the exceptions that may derive from this contract or applicable local laws.
Unauthorized manipulation of files or information contained within the services, pages or applications of Singerhood will result in the immediate cancellation of the Singerhood service. This manipulation may result in legal actions. These manipulations include copying, transferring, modifying, lending, selling or loaning.
When Singerhood detects deviant behavior by a user, it reserves the right to take action, up to the temporary or permanent blocking of access to the service.
You are not authorized to provide any other person your access data, whether it is freely given or for profit. Doing so can mean the automatic cancellation of your user agreement.
This password is used to protect your account in Singerhood. You are fully responsible for its security, and therefore, any use of the Singerhood services on your behalf is your responsibility, with all the consequences this may have for all parties involved. Singerhood makes easily available to you a system to recover or change your keyword, in case you lose it, forget it or if you ever suspect that another person is using it.
The publication of contents and comments as a user demands that you follow minimal guidelines of respect, avoiding offensive, intimidating or obscene messages and formats. You will identify what you publish under your name or quoting the author, without usurping any identity at any time. In addition, you need to focus the contents published to those of interest to the Singerhood community: topics related to choral music and avoiding explicit or implicit publicity. Any content clearly departing from those interests will be subject to elimination by the administrator. This includes, but is not limited to, malignant material that may affect the security of the system, access to and working of it or protected copyrights or even massive delivery of undesired messages.
Therefore, you accept and understand that not complying with all of the above about the contents you publish may cause the immediate suspension of your Singerhood account.
Also, please keep in mind that what you publish may be used by other users in other media without Singerhood having any liability about that use.
6. Rights to the contents
All of the services and contents of Singerhood are the property of Singerhood or our licensors. By accessing our services or contents, you have a non-exclusive, non transferrable, non-redistributable, non-commercial, and revocable limited use license.
Singerhood and its licensors keep their respective rights and ownership of any material subject to property, this means all of its works and contents as well as its copies or applications. This ownership is kept even if you install any of these materials on a device of your own or that of a third party.
IMPORTANT: Users will be able to share their own contents by using Singerhood as a channel. In this case, neither the owners of Singerhood nor its licensors will be held responsible for the ownership of said contents, which may be subject to intellectual property rights, copyright or any other feature to protect its authorship. The original work, as well as its arrangements or editions are understood to fall under the above category. If you share contents through Singerhood, you will be fully responsible for its use in legal terms. Likewise, Singerhood will not be held responsible for the comments that you individually or collectively may publish in the social spaces.
Therefore, IF THERE IS ANY COMPLAINT TOWARD SINGERHOOD DUE TO CONTENTS YOU HAVE PUBLISHED, YOU ACCEPT THE POSSIBILITY OF COMPENSATING THOSE WHO MAY HAVE BEEN DAMAGED, RELEASING SINGERHOOD OF ANY AND ALL DAMAGE OR EXPENSE DERIVED FROM SUCH A COMPLAINT.
Therefore, Singerhood cannot be held accountable and takes no responsibility for the materials you and other users such as yourself share. Regarding the contents we publish directly, if you suspect that there may be any violation incurred to the intellectual property rights or copyrights related to any of those materials, we will appreciate that you help us protect said rights by sending a message to firstname.lastname@example.org including the following information:
Name and contact data of the sender so we can give you a prompt answer.
Name of the rights holder of the rights allegedly infringed upon (or of the person authorized to act on their behalf).
Name of the work(s) whose rights have been allegedly infringed upon.
If the rights holder lets us know explicitly and reliably that some content infringes upon said rights, Singerhood will take unilateral measures without needing to first notify the provider of said material.
As a user, you keep ownership of the rights belonging to you according to valid law in the country where you reside. However, when it becomes precise and it is authorized, you grant Singerhood a non-exclusive license, transferable, indefinite (or for a period of 20 years after the ending of the contract when local law prevents the indefinite character), irrevocable, fully paid and universal to use, publish by any means, translate or modify your content or comments generated as a user of our service. Therefore, you waive possible moral rights or its equivalent regarding contents or comments you publish in Singerhood.
Furthermore, when you start using Singerhood, to best deliver the service, you allow that Singerhood applications capture the your activities data (see proper section) and use the processor, bandwidth and storage hardware of your device with the exclusive objective of allowing or facilitating the proper working of the service. Likewise, you allow that we notify you about events, promotions and other publicity contents. This is essential to Singerhood and its commercial associates.
Finally, Singerhood is also owner of its trademark (understanding as such all of the applications in the form of a trademark, commercial or of a service, any kind of corporate branding and any derivation of corporate image or identity, including domain names and others).
7. Availability and changes in the service
Singerhood, as well as the owners of contents published, can eliminate any of the materials without previous notification, always abiding by applicable local law.
Regarding the technical working, Singerhood's commitment is to maintain full service 24 hours a day, seven days a week. However, in addition to possible damage to our infrastructure or in that providing your access to the Internet, there may be maintenance needs that extraordinarily prevent us from delivering the service. We reserve the right, always abiding by local law, of suspending the service occasionally and at any time, completely or partially, with or without previous notification.
You understand that, always abiding by local law, in case of your dissatisfaction with the service or contents, you have the only and exclusive remedy of uninstalling the applications and stopping your access of Singerhood and unsubscribing from it.
Always subject and abiding by local applicable law, neither Sungerhood nor its direct stakeholders (people responsible, employees, shareholders, affiliates, licensors, etc.) are liable or accept any responsibility for any indirect, special, incidental, punitive, exemplary or consecutive damage. Also, they do not accept responsibility or are liable due to loss of data, activity or profit as a result of the use of Singerhood or even the impossibility of its use, including the applications and contents of third parties. Likewise, they do not accept responsibility nor are they liable for complaints due to the service and contents of their own, licensed or belonging to third parties, beyond what is stated in the local standards of application.
The above exemptions do not apply in the case of fraud, falsehood or severe negligence, according to what is stated in local applicable law.
You understand and accept that you use the service and contents of Singerhood of your own volition and risk, according and abiding with local applicable laws and therefore those contents and service are available to you \"as available\" and \" as is,” without offering any full or unconditional guarantee of quality, including the absence of malicious components in applications or pages, whether these are our own or third party developments.
Likewise, you understand and accept that Singerhood will not be held responsible for the operations that you can start with third party applications or with any of the products and services promoted through Singerhood. You will be able to drive the possible conflicts derived from such operations with third parties through the common defence channels available to the consumer in your country of residence.
Always subject and abiding by local applicable law, we at Singerhood do not accept any kind of responsibility regarding the applications or contents of third parties, and we encourage you to reject them and stop using them if they do not offer what you expected. This includes uninstalling the software and erasing the files with improper material.
In the case that there is a permanent and definitive cancellation of the services and contents of Singerhood, we will reimburse the proportional amount charged in advance by the subscription up to the limit of our social capital. The manner in which said reimbursements will be made will depend on the method of payment that each user employed.
8. Exporting of products
In each country where Singerhood provides a service, it subjects itself to local standards applicable to controlling exporting and re-exporting. This means that, to comply with said standards, you agree to comply with those applicable standards on control of exporting and re-exporting. To the same effect, you have stated not being a user residing on North Korea, Iran, Syria, Sudan or other countries where a special control of exporting that affects the activity of Singerhood is in place. You also state not to be a rejected party for this activity.
The obligations regarding the control of exporting will remain in place even once your contract with Singerhood has finished or expired.
9. Changes, validity and ending of the contract
This contract applies and it is extended as long as either Singerhood or you do not terminate it. The treatment of licenses and rights on contents will continue to be applied according to applicable law even once the contract has been terminated or expired. The legal obligations protecting contents and services of Singerhood will remain in effect even after the contract has been terminated.
If any clause of the contract is considered non applicable, this will not invalidate the rest of the contract.
Singerhood may yield this contract total or partially, delegating any of its parts to third parties in order to comply with your satisfaction. You will not be able to yield it, transmit it or sub-lease it to other parties, either complete or in part.
Singerhood can deny you the service unilaterally or nullify your contract due to unauthorized use. In this case, you accept that Singerhood will not be held responsible and therefore shall not reimburse you any amount, in as much as applicable law allows it.
10. Rights of third parties
This contract only grants rights to you and Singerhood, without said rights establishing any other rights to third parties. Therefore the signing, modification or cancellation of the contract is something that can only be done by these two parties: Singerhood or yourself.
However, you accept and understand that there are third parties (such as vendors or content rights-holders) who also become beneficiaries of this contract and can start legal actions against you when they consider their rights have been infringed upon.
By downloading the Singerhood application from a vendor (a store such as Apple, Google or Microsoft) or by using it on any of the devices where it can be installed, you accept the conditions set forth by those vendors regarding international contracts, restricted governments or the responsibility of those vendors for the service, contents, features, maintenance or support. If an error with the vendor occurs or if the vendor does not satisfy you, you will be able to use the complaint channel the vendor has available without Singerhood being able to intervene in the vendor’s downloading process.
11. Arbitration, compensations, class actions, legislation and jurisdiction
If at all possible, any dispute within the framework of this contract will be solved by binding arbitration. Therefore, if you reside or you have commercial activity within a jurisdiction where arbitration formulas can be used, they will be mandatorily applied first. If there are no judges or jurors and if the evidence provided is the same as that would be used before a tribunal, the compensation solution will be the same type and amount. The arbitration procedure will be applicable even if the contract has been terminated. If it became necessary, the resulting ruling can be challenged and subject to a limited review by a tribunal.
Notwithstanding the local laws in force, you agree to assume damages and their derived costs when there is a breach of this contract on your part, your actions violate the rights of Singerhood or third parties, or when you breach any legal obligation that corresponds to you.
Notwithstanding the local laws in place, you accept that any claim or proceeding that you take against Singerhood you will do so in a personal (non-collective) capacity. Only in the case Singerhood and you expressly agree can a judge or arbitrator accumulate more than one claim submitted by you.
Notwithstanding local applicable law and Private International Law, this contract is subject to and accepts the jurisdiction of the tribunals included in the following list to solve any complaint or claim related to it:
Brazil: The laws of Brazil apply, with the exclusive jurisdiction of state and federal tribunals of São Paulo within the state of São Paulo (Brazil). By \"exclusive,” it is understood that no other tribunal in the country may preside over the matter.
Canada: The laws of the province of Ontario apply with the exclusive jurisdiction of tribunals of Ontario (Canada).
Spain: The laws of Spain apply with the exclusive jurisdiction of the tribunals of the current address of the consumer in Spain.
USA, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay: the laws of the State of California (USA) would apply, with exclusive jurisdiction of state and federal tribunals of the county of San Francisco, California or New York City, New York.
Estonia, Hong Kong, Latvia, Lithuania: the laws of Spain would apply with non-exclusive jurisdiction of the tribunals of Spain. Being a \"non-exclusive\" jurisdiction, tribunals of other countries can also have jurisdiction on the matter.
Italy and Poland: The laws of Spain would apply with exclusive jurisdiction of local tribunals.
Turkey: The laws of Spain would apply with non-exclusive jurisdiction of the courts and other tribunals of the Republic of Turkey.
Other countries: if at all possible, the laws of Spain would apply with exclusive jurisdiction of tribunals of Spain. Otherwise, Singerhood is subject to regulations and jurisdiction of the local setting that is best suited to its interests.
For further information
If you have any questions regarding this contract, its clauses, terms, conditions or policies, you can address them at email@example.com.
Singerhood's services and contents are developed and managed by Singerhood, S. L., a company registered with the Commercial Register of Madrid (Spain) Book 35,611, sheet 180, section 8, page M-640042).