Songrize Terms of Use

Here is where you can find Songrize's Privacy Policy [www.songrize.com/privacy]

ZANDER APPS, LLC, D/B/A

“SONGRIZE”

TERMS OF USE
(EFFECTIVE AS OF July 13, 2015)

PLEASE READ CAREFULLY

Hello, thank you for visiting our site and using our services, and welcome to our terms and conditions of use. This General Terms of Use Agreement (this "Agreement") governs your access to and use of the services and content of this website at www.songrize.com (this "Site"), and any and all streaming music, other media, information, text, data, graphics, photos or other materials uploaded, downloaded, streaming or appearing on this Site (collectively referred to as "Service"), including but not limited to delivery via the Site, a mobile device, or otherwise. Your access to and use of this Site as provided by Zander Apps, LLC, a Florida limited liability company doing business as “Songrize” (“Songrize”), is conditioned on your acceptance of and compliance with these Terms.  BY ACCESSING AND USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY PROCEEDING BEYOND THE SITE HOME PAGE OR VIEWING OR POSTING CONTENT OR USING THE SERVICES, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF THESE TERMS. SONGRIZE MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, MODIFY, RESTRICT, CHANGE, OR OTHERWISE ALTER THESE TERMS, THE SITE, OR THE SERVICES, IN WHOLE OR IN PART, IMPOSE LIMITS ON CERTAIN FEATURES ON THE SITE OR THE SERVICES, OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE SITE OR THE SERVICES.  BY CONTINUING TO ACCESS AND USE THE SITE AND/OR THE SERVICES, YOU WILL BE EVIDENCING YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, SUCH MODIFICATIONS, CHANGES OR ALTERATIONS. PLEASE REVIEW THESE TERMS REGULARLY AS THEY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE TO YOU.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE SONGRIZE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SONGRIZE SERVICES.

1.  Eligible Users.

In order to use the Songrize Service, you must be a resident of a country in which Songrize is legally authorized to operate the Songrize Services and be at least 18 years of age. You represent that (i) you are at least 18 years old, (ii) you have read, understood, and agree to be bound by this Agreement. If you are not at least 18 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access or use the Songrize Service.  THE SONGRIZE SERVICE IS NOT DESIGNED FOR USE BY CHILDREN OR ANY OTHER MINORS UNDER THE AGE OF 18, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM MINORS OR CHILDREN ON OUR SITE. BECAUSE THE SONGRIZE SERVICE MAY PROVIDE ACCESS TO MUSIC OR OTHER CONTENT THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, USE OF THIS SITE BY ANY PERSON UNDER THE AGE OF 18 IS NOT ALLOWED.

Notwithstanding any descriptions or representations on the Songrize Service, not all the features of the Songrize Service may be available in your country. You are also responsible for providing the Internet service, cable modem, mobile cellular service and any other hardware and software necessary to use the Songrize Service.

2. Submitted User Information. 

To use any aspect of the Songrize Service, you must register and provide a valid email address, a username, a password, [your gender, age and zip code] (the "Registration Data").  If logging in through your Facebook account, then you will also need to provide you Facebook name, your date of birth, access to your Facebook “Likes”, your location, access to your pictures, your gender, and your friends (“Facebook Data” and, collectively with Registration Data and any and all other information provided by or collected from you in connection with your use of the Service, including but not limited to the other types of User Data described in the Songrize Privacy Policy, “User Data”).  User Data also includes, but is not limited to, any and all information you provide Songrize regarding your musical preferences, any and all feedback you provide Songrize regarding any recommended musical selections, and any and all other information you provide Songrize in order for Songrize to provide you with the Service.  Songrize will use your User Data solely in accordance with its privacy policy [www.songrize.com/privacy], and will not use any User Data for any commercial use outside of providing the Service to you.  Songrize will not sell or provide any individual’s Registration Information to any third party. You acknowledge that your submission of any information to Songrize is at your own risk. Songrize does not assume any liability to you with regard to the misuse or loss of such information in any way.

3.  Privacy Policy and User Information 

Songrize cares about your privacy. It is important that you read and understand the terms of Songrize's Privacy Policy [www.songrize.com/privacy].

a. Songrize uses your User Data to provide the best listening experience to you we can through your use of the Service, including but not limited to serving you customized music recommendations.  These customized music recommendations may further include but not be limited to music recommendations designed to help you “discover” new musical artists, songs, and genres.  Any and all User Data and other information submitted or provided by you in connection with your use of the Services (including but not limited to any feedback given by you on recommended songs) may be used by Songrize to analyze, evaluate, characterize, catalogue, and categorize your musical tastes and preferences and provide music recommendations to you, or other users, as part of the Service via the Site or e-mail or text.  Songrize is constantly seeking to improve the function of the Service it provides, including but not limited to the accuracy and effectiveness of the Songrize’s musical recommendation feature, and Songrize may and will, even after any termination or deletion of your account, use any and all User Data and other user information provided in connection with your use of the Service as may be necessary to measure the effectiveness of and/or improve the musical recommendation function.

b. Songrize uses and may share data about the device you use to access the Songrize Service, including information about the type of device you use, the IP address, the MAC address and other device type identifiers such as IDFA, in order to provide the Service, to improve the Service and to measure the effectiveness of the musical recommendations we are providing you.

c. Songrize may cooperate with and disclose information (including your User Data) to a law enforcement authority, government official or third party in response to a subpoena or court order, without giving any notice to you.

d. Songrize may ask for location based on information from your mobile device at any time when using the Songrize Service from a mobile device.

e. Songrize may publicize or share with third-parties generalized, collective and/or categorized User Data and other user information (including but not limited to any feedback from you in connection with musical recommendations from Songrize and/or its Service), including but not limited to statistics on location, gender, musical preferences, etc., as well as information on the performance of the musical recommendation function of the Services with respect to Songrize users.

f.  You may use your Facebook account to sign in to Songrize.  In the event the you do so, then Songrize will import your Facebook Data in order to provide you with customize musical recommendations.  If you sign in using your Facebook account, you hereby consent to Songrize automatically accessing, importing and using your Facebook Data and other information on your Facebook profile, in order to provide the Songrize Service to you.  

Again, we encourage you to read and understand the full and complete terms of Songrize's Privacy Policy

4.  Email Address and Mobile Phone Number.

You agree that Songrize may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address and mobile telephone number to send you informational emails, musical recommendations and mobile text messages about Songrize and special offers. You may unsubscribe from these informational email by changing your account settings or by sending an email to alex@songrize.com.  You may opt out of informational mobile text messages by sending an email to alex@songrize.com

5.  You Are Responsible For Maintaining Your Account. 

You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Songrize will not be responsible for any losses arising out of the unauthorized use of your User Data or account.

Please do not register or use a username which is vulgar, offensive, abusive, defamatory, pornographic or obscene.  You agree that Songrize may also reclaim your username for any reason.

6.  Your License To Use The Songrize Service.

Subject to the terms and conditions of this Agreement, Songrize grants to you a limited, non-exclusive, non-transferable license to access and use the Songrize Services in legally authorized jurisdictions for personal non-commercial purposes only, except as expressly permitted in Section 10 below. Songrize reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

ANY USE OF THE SONGRIZE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that you will not:

(i)  use the Songrize Service to download, reproduce, copy “rip”, record, or make available to the public any part of the Services or content delivered to you via the Services, or otherwise;
(ii)  copy, store, edit, change, prepare any derivative work of, or alter in any way any of the music streamed through the Songrize Services;
(iii)  using the Songrize service to import or copy any local files you do not have the legal right to import or copy in this way

(iv)  make the Songrize Service available over a network (other than Songrize's network) where it could be used by others;
(v)  translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Songrize Service, a Songrize application or any portion thereof except as expressly allowed under applicable law;
(vi)  circumvent any technology used by Songrize or its licensors to protect content accessible via the Songrize Service;
(vii)  rent, lease or sublicense any of the Songrize Service;
(viii)  provide your password to any other person; or
(ix)  use the Songrize Service in any way that violates the terms of this Agreement.

7.  User generated content

From time to time, Songrize users may post, upload and/or contribute (“post”) content to the Service (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof.  You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by Songrize or any artist, band, label, entity or individual without express written consent from such individual or entity. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Songrize. This license lasts until you terminate your Songrize account, except in the case of User Content that you have published, made public and/or share with others.  

Songrize does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Songrize’s sole discretion, violates these Agreements. Songrize may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Songrize is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at alex@songrize.com.

Please respect Songrize and other users of the Songrize Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Songrize or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Songrize inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Songrize Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Songrize’s computer systems or network, or breaches any of Songrize’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Songrize. You agree that Songrize may also reclaim your username for any reason.

You grant Songrize a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Songrize Service.

8.  Intellectual Property Rights.

As between you and Songrize, you acknowledge that Songrize retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Songrize Service, the software and APIs comprising the Songrize Service, and all content therein. Songrize, and its design logo as well as certain other Songrize trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of Songrize. The Songrize Service contains third-party trademarks, service marks, graphics, and logos. This license does not grant you any rights to use the Songrize trademarks, service marks, trade names, logos, domain names, or any other features of the Songrize brand, whether for commercial or non-commercial use.

The Songrize Service is owned by Songrize and is protected by the copyright laws of the United States and other countries in which the Songrize Service is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

The Songrize software applications are licensed, not sold, to you, and Songrize retains ownership of all copies of the Songrize software applications even after installation on your devices. Songrize may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this license, to any third party.

Granting feedback and being a user, even an initial user of the Service where the Service is being tested, does not entitle you to any form of compensation or share or stake in Songrize or the Service.

Any external streaming music or videos used or streamed as part of the Service are being used solely for a non-commercial use.  Songrize does not collect any form of revenue of any music or videos being streamed or otherwise used in connection with the Service.  The use of any embedded video content is solely in accordance with the terms of service of any third party provider of such embedded video.

9.  Modification of this Agreement. 

Sometimes changes in the law or changes in the relationships between Songrize and our third party vendors will require us to modify these terms of use, which we may do from time to time. If we do, we will post a copy of the amended Agreement at http://www.Songrize.com/legal/. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Songrize Services or, if applicable, cancel your Songrize Service subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Songrize Services after any amendments are posted on the Site.

10.  Help or Questions regarding this Agreement. 

If you have any questions concerning this Agreement or need technical support, you can contact Songrize support by visiting http://help.Songrize.com or emailing alex@Songrize.com.

11.  Device

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Songrize Service to use the processor, bandwidth and storage hardware on your device in order to facilitate the operation of the Service.

12.  Songrize May Change, Update Or Terminate Your Use Of The Songrize Service.

From time to time, Songrize may make changes or updates to the Songrize Service, either at no cost or subject to additional fees, in Songrize's sole discretion. Such changes or updates may include additional functionality or conversely, new limitations on your use of the Songrize Service. In certain circumstances, such as in the case of a security problem, Songrize may require you to install an update in order to continue using the Songrize Service. Notwithstanding anything else contained in this Agreement, Songrize will have no obligation to continue making the Songrize Service available or producing or releasing new versions of the Songrize Service or any updates thereto, or to continue making any portion of the Songrize Service free of charge. Songrize may also terminate your use of and access to the Songrize Service at any time, with or without notice to you.

13.  Legal Disclaimers.

EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:

(a) THE SONGRIZE SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE SONGRIZE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONGRIZE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SONGRIZE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SONGRIZE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGRIZE DISCLAIMS ANY LIABILITY RELATING THERETO.

(b) SONGRIZE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE SONGRIZE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SONGRIZE MAY MODIFY, SUSPEND, OR DISCONTINUE THE SONGRIZE SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER SONGRIZE ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SONGRIZE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

(c) YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT, INCLUDING THIRD PARTY ADVERTISEMENTS, WHEN USING THE SONGRIZE SERVICES. SONGRIZE WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

(d) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SONGRIZE SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SONGRIZE ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

14.  Limitations of Liability.

EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:

(a) IN NO EVENT WILL SONGRIZE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF SONGRIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONGRIZE OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

(b)  By using the Songrize Services, you hereby agree that Songrize (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Site, or the Songrize Services.  As such, in consideration of your free use of the Site and the Songrize Services, you do hereby absolutely, fully, and forever release, relieve, waive, relinquish and discharge Songrize and any and all of their respective directors, officers, employees, volunteers, agents, contractors, and representatives (the “Released Parties”), of and from any and all actions or causes of action, actual or alleged claims, of any kind or undiscovered, accrued or un-accrued, suspected or unsuspected, which you may now have, claim to have, or which may at any time hereafter accrue, arising out of, in connection with, in consequence of, in any way involving, or related to your use of the Site and/or the Songrize Services.

15.  User generated content

Songrize users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by Songrize or any artist, band, label, entity or individual without express written consent from such individual or entity. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Songrize. This license lasts until you terminate your Songrize account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Songrize Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Songrize Service and your right to object to derogatory treatment of such User Content.

Songrize does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Songrize’s sole discretion, violates these Agreements. Songrize may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Songrize is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at alex@songrize.com.

Please respect Songrize and other users of the Songrize Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Songrize or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Songrize inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services (except as permitted under Section 11); (k) interferes with the Songrize Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Songrize’s computer systems or network, or breaches any of Songrize’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Songrize. You agree that Songrize may also reclaim your username for any reason.

You grant Songrize a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Songrize Service.

[e. If your Profile is set to “public,” the information you post on your Songrize Profile Page, such as favorite tracks, bookmarks, stations, comments or other biographical information, will be available to the public. You may make your Profile private by adjusting your account settings at any time.]

16. Indemnification.

You will indemnify and hold Songrize, its directors, officers, employees, agents and licensors harmless from and against any and all costs, damages, expenses or losses with respect to any suits or claims arising out of or connected with (i) your breach of this Agreement, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) your use or misuse of the Songrize Services.

17.  Dispute Resolution.

(a) Applicability. For any Dispute (excluding claims for injunctive or other equitable relief or any claim or dispute related to the enforcement or validity or either party’s intellectual property rights) where the total amount of the award sought is less than $10,000, the parties shall resolve the Dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction; and (iv) the decision of the arbitrator will be final except for a limited right of appeal under the Federal Arbitration Act. Any Dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action

(b) Notice. In the event of a Dispute, you or Songrize must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail or overnight courier to:

Zander Apps LLC

1601 Highland Road

Winter Park, FL 32789

Songrize will send any Notice of Dispute to you by U.S. Mail or overnight courier to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or Songrize may commence arbitration.

(c) Class Action Waiver. Neither you nor Songrize will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

(d) Severability. If the class action waiver set forth herein, or any other provision of this Section 18, is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section 17 will remain in full force and effect.

18.  Governing Law.

This Agreement will be governed by the laws of the State of Florida, without regard to conflicts of laws provisions thereof. Except as set forth herein, or expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Songrize or relating in any way to your use of the Songrize Services will be in the state and federal courts of the State of Florida and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Orange, Florida.

19.  Term and Termination.

This Agreement will remain effective until terminated by either party, provided that Sections 3, 8, and 12 through 17 will survive any expiration or termination and continue in effect.

20.  General Information.

(a) Songrize and its business partners may present advertisements or promotional materials via the Songrize Service. In the event that Songrize does so, your dealings with, or participation in promotions of any third-party advertisers via the Songrize Service are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Songrize is not 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 third parties via the Songrize Services.

(b) The Songrize Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

(c) Songrize may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by Songrize in its sole discretion. Songrize reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.

21.  Export control

Songrize’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Songrize under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.

22.  Acknowledgement; No Other Agreements.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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Songrize is a protected trademark of Zander Apps, LLC