Last updated October 15, 2024.
1. Your Acceptance
Business Owner (hereafter “GiftASong”) provides service to you subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. These Terms and Conditions constitute a binding agreement between GiftASong, and you governing your use of the Website. By using and/or visiting the giftasong.net Website or any other websites and social media profiles owned or controlled by GiftASong (collectively as the "Website"), you signify your assent to both these Terms and Conditions and the GiftASong Privacy Policy, which is specifically incorporated into these Terms and Conditions. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not use the Website.
2. Website Access
GiftASong hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without GiftASong’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms and Conditions.
By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the GiftASong and/or the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the order form. If any of your information changes, you agree to update your registration information as soon as possible. If GiftASong suspects that your order information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the GiftASong servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GiftASong grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GiftASong reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
Your use of the Website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you consent to the data practices described in our Privacy Policy.
3. The Website
These Terms and Conditions apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links (or “API”s) to third party websites that are not owned or controlled by GiftASong. GiftASong has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release GiftASong from any and all liability arising from your use of any third-party website.
4. Payment Terms
Fees: The fee for a GiftASong product or other offering is specified on the page on our Website where you purchase the applicable GiftASong product. You agree to pay all amounts due in accordance with the payment terms in effect when you purchase a GiftASong product, including any applicable service, transaction, or processing fees.
Currency: Transactions are settled in British pound sterling (“GBP”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in GBP.
Payment: All payments for orders placed through our Website must be completed using our third-party payment processor, Stripe. Please note that we do not process payments directly and only receive limited information related to your transaction (such as your name, email, and billing information). You are required to finalize your payment within fourteen (14) days after placing your order. If payment is not completed within this timeframe, your order will be considered invalid. We reserve the right to cancel any unpaid orders beyond the specified period.
Refunds and Revisions: Due to the personalized nature of our services, which involve creating custom music specifically tailored to your requirements, we do not offer refunds. However, in the event that you are not fully satisfied with the initial version of your custom music, we offer a one-time revision free of charge. This revision request must be made within five (5) days of receiving your Custom Song. Please note that this revision is limited to reasonable changes, and a new version of the music may differ from the original track. Any additional revision requests beyond the first one will be treated as a new order.
5. Delivery Timeframe
Upon successful completion of your order and payment, GiftASong commits to delivering your custom music creation within five (5) business days. The finished product will be sent to the email address provided during the ordering process. Business days are defined as Monday through Friday, excluding public holidays observed in the United Kingdom. GiftASong will make every effort to meet this delivery timeframe, but in case of unforeseen circumstances or unusually high order volumes, we reserve the right to extend this period and will communicate any delays to you promptly via the email address associated with your order.
6. User Submissions
By submitting content, ideas, or information to GiftASong for the creation of Custom Songs, you grant GiftASong a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and modify this content for the purpose of creating your Custom Song. You represent and warrant that you have all necessary rights to grant this license and that your submissions do not infringe on any third-party rights.
7. Intellectual Property Rights
The content created by GiftASong, including without limitation, the text, graphics, and photos created by and for the Website, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GiftASong, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of GiftASong or as expressly provided herein. GiftASong reserves all rights not expressly granted in and to the Website and the Content contained therein.
A user of the Website who receives custom music and associated visual materials (hereafter collectively referred to as the "Custom Song") shall be granted a limited license to use the Custom Song solely for personal use. The Custom Song includes the digital audio file, the underlying musical composition, and any accompanying visual materials provided as part of the package.
Users shall have no right to copy, sell, lease, publicly perform, license, or otherwise grant rights to the Custom Song or any of its components. No ownership or rights of any sort in and to the Custom Song shall be transferred, assigned, or sold to the user through the purchase of the Custom Song via the Website.
GiftASong retains all rights, title, and interest in the Custom Song, including all intellectual property rights related to both audio and visual components. GiftASong may, in its sole discretion, grant a user additional rights to share the Custom Song solely through mechanisms (e.g., embedding) provided on the Website or uploading the Custom Song for distribution on certain streaming services.
Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Custom Song. Users are advised that any use beyond personal enjoyment may constitute copyright infringement and could be subject to legal action.
Under certain circumstances, GiftASong may offer a commercial license for the Custom Song at an additional cost. This commercial license would allow for broader usage rights, including but not limited to public performance, incorporation into other media, or commercial exploitation. Users interested in obtaining a commercial license should contact GiftASong directly for more information and pricing. The terms of any commercial license will be provided in a separate agreement and will supersede the personal use license described herein for the specific Custom Song covered by the commercial license.
8. Modifications to the Website
GiftASong reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. GiftASong shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GiftASong, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF GiftASong, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GiftASong MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GiftASong DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND GiftASong WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GiftASong OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms and Conditions. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL GiftASong, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF GiftASong, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GiftASong SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by GiftASong from its facilities in the United Kingdom. GiftASong makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Termination
GiftASong reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice, for conduct that GiftASong believes violates these Terms and Conditions or is harmful to other users of the Website, GiftASong, or third parties, or for any other reason.
12. Indemnity
You agree to defend, indemnify and hold harmless GiftASong, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of GiftASong, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
13. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
14. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by GiftASong without restriction.
15. Copyright Notice
The Website is © 2024 GiftASong. All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of GiftASong.
16. General
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and GiftASong’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. GiftASong reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. Violations of These Terms and Conditions
Please report any violations of the Terms and Conditions, including objectionable user submitted content or behavior to legal@giftasong.net. Please state the reasons for your concern and provide a link to the User Submission, Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, GiftASong in its sole discretion may investigate the matter and take such action as GiftASong determines to be appropriate.
18. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and GiftASong shall be brought exclusively in the courts located in the United Kingdom, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions or proceedings arising out of or related to these Terms and Conditions or your use of the Website.
