CHANGES TO THESE TERMS
Any changes to these Terms will be included in a revised version of these Terms accessible through the Site. If You do not accept any revisions made to these Terms, You must stop using the Site.
PURPOSE OF THE SITE
The purpose of the Site is to allow you to commission an original song (“Song”) from third-party Music Artists and Producers (“Music Artist” or “Producer”) for your personal use (the “Services”).
RESTRICTIONS ON YOUR USE OF THE SITE
We grant You a limited, non-exclusive, and revocable license to make use of the Site. You agree to use this Site only for lawful purposes and in accordance with these Terms. Your use of this Site may be terminated by Us at Our discretion. We reserve the right to determine, limit, provide, and withdraw access to the Site. This Site may be used by children under the age of 16 with consent of a parent or guardian. Without limiting the foregoing, You specifically agree that You shall not:
- submit the information that is untrue, harassing, abusive, threatening, advertising, soliciting, advocating an illegal activity, infringing, or in violation of any law
- access, download, or copy any other user’s account information
- bypass any technical measures used to prevent or restrict access to any portion of the Site
- violate or attempt to violate the security of the Site
- interfere with or attempt to interfere with the proper working of the Site
- engage in any unauthorised use of content and materials included on the Site which, unless otherwise noted, is owned by Us
- make commercial use of the Site beyond the uses contemplated herein or modify, adapt, translate, copy, reproduce, imitate, distribute, publish, or resell the Site or any of the content on the Site
- use any data mining, robots, or similar automated data gathering and extraction tools to access the Site
- reverse engineer, decompile or disassemble the Site, or convert into human-readable form any of the contents of this Site not intended to be so read.
You agree and warrant that all information You provide to Us directly and/or through this Site, including but not limited to any contact information, is truthful and accurate. You agree that any and all communications sent to You electronically via the e-mail address you provide to Us will satisfy any legal requirement that such communications be in writing.
SUBMISSION OF CONTENT AND USER ACTIVITY
You understand that all information, communications, data, text, photographs, scans, or other materials that are uploaded, submitted, posted, emailed, transmitted, or otherwise made available on or through the Site (collectively, “Content”) are the sole responsibility of the person or company from which such Content originated. This means that You, and not Us are entirely responsible for all Content that originates from You.
You grant the following license with respect to any and all Content: You hereby expressly grant to Us a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, exploit, sublicense or otherwise distribute and display the Content submitted in connection with the Site, any Song created by or for you through the Site, and the Site’s advertising, without restriction and without compensation of any kind to You, and You waive all moral rights in all such Content.
You represent and warrant that You own or otherwise control all the rights to any Content that originates from You; that use of the Content You provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content You provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, You specifically agree that You will not:
- provide any Content that is unlawful (according to local, state, federal, or international law) or any Content that advocates illegal activity;
- provide any Content that is defamatory, false, or libellous, or that contains unlawful, harmful, threatening, harassing discriminatory, abusive, profane, pornographic, or obscene material.
- provide any Content that You do not have a right to provide under law or under a contractual or fiduciary relationship.
- provide any Content that contains software viruses or other harmful devices; or
- impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content You provide.
You acknowledge, consent, and agree that may any Content You submit to third parties if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of Gift of Music Limited its affiliates, its personnel, other users and the public.
Gift of Music Limited does not guarantee the accuracy, integrity, or quality of any Content. You understand that by using the Site, you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will Gift of Music Limited be liable in any way for any Content, including, but not limited to, 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 Site and/or associated Services.
The opinions expressed in Content and on this Site are not necessarily those of Gift of Music Limited or its content providers, advertisers, sponsors, customers, affiliates, or related entities. Gift of Music Limited makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. Gift of Music Limited does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted, submitted, or otherwise made available through the Site by others will be at Your own risk.
You acknowledge that Gift of Music Limited is not obligated to pre-screen, regularly review, monitor, delete or edit the Content of the Site. However, Gift of Music Limited reserves the right to do so at any time at its sole discretion, either itself or through its designees, for any reason or no reason, and to edit or delete any posting or submission with or without notice. Without limiting the foregoing, You agree that Gift of Music Limited and its designees have the right to edit, remove, or delete any Content that violates these Terms or that Gift of Music Limited otherwise finds objectionable. Gift of Music Limited is not responsible or liable for damages of any kind arising from any Content, or from Gift of Music Limited alteration or deletion of any Content, even when Gift of Music Limited is advised of the possibility of such damages.
CUSTOMER SERVICES AND OBLIGATIONS
You will be considered a “Customer” of Gift of Music Limited if you complete the online ordering process, submit the designated payment, and if We accept your order request. Upon receipt and acceptance of your order, an independent third-party Music Artist(s) will compose an original song based on the Content and order specifications (such as length, mood, and voice preference) you have provided to Us. We and the Music Artist reserve the right to decline any order or to not honor specific content or order requests that would violate these Terms. We will then deliver to You a digital copy of the Song in the agreed-upon format and, if requested, publish a copy of that song to the specified online platform.
Upon delivery of the Song, We grant to You a perpetual, worldwide, royalty-free, non-exclusive license to the Song for your personal use only. You shall have no right to copy, sell, lease, publicly perform, license, distribute, or otherwise grant rights in and to the Song to others. Additional license rights, including commercial use rights, may be granted by Us to You upon request. No ownership rights in or to the Song will be transferred, assigned, or sold to You unless otherwise agreed upon in writing.
TERMS OF SERVICE
Gift of Music Limited aims to complete your song in the designated timeframe explained on the websites “choose your package” page. Gift of Music Limited does not guarantee that this timeframe will be met, this includes the updated timeframes for the “rush” options. If the timeframe is not met this does not qualify the customer for a refund or discount of payment. The ‘designated timeframe’ relates to the downloadable file only in the form of mp3, mp4, wav or any other suitable digital format. The downloadable file will include the personalised song and if applicable the photo slide show/lyric video. To ensure optimum chance of meeting our designated timeframe we require any necessary photos uploaded and sent to the correct email address (firstname.lastname@example.org) within 48 hours of payment if not sent at time of ordering. These must be sent as a single compressed folder with a file name stating the customers full name and job number.
Our USB gift set will be delivered within the UK at no additional charge to the customer, however for postage outside of the UK a £20 charge will be added to your bill at point of purchase. This check box must be selected by the customer within the package screen. Once we have completed your song and the downloadable file has been sent, we will post your USB package within 24 hours. Allow up to 5 working days to receive the USB gift set if you are within the UK and 10-14 days for outside the UK.
Our streaming service is run via ‘Gyro stream’ and typically takes 2-3 days to upload your song once we have sent the finalised downloadable file. In some rare circumstances a song can be rejected by the streaming platforms. If this occurs we will refund the cost of the add-on relating to your package. Streaming service only will receive 100% refund of the add on package, for super bundle choices and VIP packages you will receive 20% refund of the super bundle cost price. The cost of the streaming or super bundle add-on relates to 1 year of streaming on all appropriate platforms. After this time your song may be removed unless further payments are received.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFT OF MUSIC LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITH THIS SITE OR THE SERVICES PROVIDED THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFT OF MUSIC LIMITED DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT, OR NON-INFRINGEMENT, AS WELL AS WARRANTIES, ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, GIFT OF MUSIC LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. GIFT OF MUSIC LIMITED DOES NOT WARRANT OR GUARANTEE THAT ANY COMPONENT OF THE SITE IS FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. GIFT OF MUSIC LIMITED DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THIS SITE, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
GIFT OF MUSIC LIMITED IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF GIFT OF MUSIC LIMITED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS CONNECTED WITH YOUR USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Gift of Music Limited and its respective agents, affiliates, and their officers, directors, owners, and employees, from and against any claim, demand, damages, cost, and expenses, including reasonable attorney fees, arising from or related to Your use of this Site and the Services provided in connection with the Site, or Your breach of any provision of these Terms or any warranty provided hereunder.
OWNERSHIP OF COPYRIGHTS AND TRADEMARKS
All trademarks, logos, and service marks displayed on the Site are owned by Gift of Music Limited and third parties, and the Site’s trade dress is owned by Gift of Music Limited. Excluding any user-generated, submitted, or posted Content, which is owned by the Site’s respective users, all copyrightable contents of the Site, including code, materials, artwork, and information provided by or through the Site, is owned by Gift of Music Limited or third parties.
COPYRIGHT INFRINGEMENT CLAIMS
Gift of Music Limited respects the intellectual property rights of third parties and complies with the terms of the Copyright, Designs and Patents Act, 1988 (CDPA) regarding such rights. Gift of Music Limited reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights may have under law or contract. If You believe that any portion of the material contained on this Site infringes Your copyright, notify Gift of Music Limited of Your claim in accordance with the following procedure. We will take appropriate action as required, If you are residing within U.S then appropriate action shall be taken as per the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, Gift of Music Limited will:
- Remove or disable access to the material that is alleged to be infringing.
- Forward the written notification to such alleged infringer.
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Upon receipt of a Counter Notification containing the information outlined above, Gift of Music Limited will:
- promptly provide the complaining party with a copy of the Counter-Notification.
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided Gift of Music Limited Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network or system.
- This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.