Terms & Conditions

Songbox ("Songbox", "we", "our" or "us") is a trading name of Division 77 Ltd (company registration number 13250013). Access is provided to the Songbox website, at the URL https://songbox.rocks and related URLs (the "Website"). All current and future services, software and data accessed via the Website will be known as the "Services". The Website and the Services are referred to together in these Terms & Conditions as the "Platform".

These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of Songbox (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.


Summary for humans

  • Don't upload audio or images that you don't have the rights / permission to upload;
  • Don't try to hack, interfere with, break or otherwise corrupt the site;
  • Songbox won't use your audio and claims absolutely no rights or licence to it;
  • Your tracks will be deleted (permanently and irrevocably) if they are inactive for several months;

Changes to Platform and to the Terms & Conditions

We reserve the right to add, delete or amend parts of these Terms & Conditions at our sole discretion and at any time without prior notice to you. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the revised Terms & Conditions.


Description of Website and the Services

Access to the Platform currently provides users with access to the Services and further online tools and resources such as audio, personalised content, social features and targeted advertising messages. The Platform enables you to upload, share and discover audio and personalised content with all other users on the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to these Terms & Conditions. It is possible that these Terms & Conditions and a separate end user licence or similar agreement may apply to a bespoke service or product offered by Songbox. In this case, these Terms & Conditions will also apply to any licence or similar agreement, unless stated otherwise in the relevant licence or other agreement. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Platform without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.


Intellectual Property Ownership and Licence

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities - collectively referred to as the "Content") are the property of Songbox, its subsidiaries, affiliates and/or licensors.

The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the Songbox Platform.

Unless expressly granted in writing by Songbox, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you.

The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from Songbox or the applicable intellectual property rights holder as identified on the Website.

Subject to your strict compliance with these Terms & Conditions, Songbox grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:

  • listen to audio streamed from the Website;
  • submit or upload audio, images and other content to the Website strictly as permitted in accordance with these Terms & Conditions and any other terms posted on the Website;
  • embed Songbox widgets on your personal website, blog or social network profile pages for non-commercial and private use only;

Links and Third Party Content

Songbox or Songbox users may provide links on the Platform to other sites or content ("Other Sites"). Songbox has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Platform. The Platform provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Platform, our Terms & Conditions no longer govern. You should review applicable Terms & Conditions, including the privacy and data gathering practices, of any Other Sites.


Links and Widget use Policy

You may include links to the Website or include widgets in any website under the following criteria:

  • You may link to, but not replicate, the Content;
  • You must not imply that Songbox or the Platform are endorsing or sponsoring your website or its products, unless Songbox has given its prior written consent;
  • You must not present false information about Songbox or its products or services;
  • You must not use any Songbox Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Songbox;
  • The website must not contain content that is illegal or defamatory;
  • The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.

By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.

Songbox widgets are designed to enable our users to share Songbox with their friends. You are strictly prohibited from using any of the Songbox widgets for any form of commercial use, unless with prior written consent from Songbox. If you are the operator of a commercial website and would like to include Songbox widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us by emailing [email protected]

Songbox reserves the right to remove links or to block Songbox widgets at any time and for any reason in its absolute discretion.


Prohibited Use
  • As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. You further agree not to engage in the unauthorized sharing of sound recordings made available on the Platform without the express consent of the owner of the sound recording, including, but not limited to, the sharing of some or all of the individual sound recordings embodied in any audio content available on the Songbox Platform, or the individual sound recordings comprising a piece of audio content.
  • Any use by you of the Platform other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Platform, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than for your personal, private, non-commercial purposes.
  • You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent.
  • You agree not to intentionally interfere with or damage, impair or disable the operation of the Platform or any user’s enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
  • You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.
  • You agree not to attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
  • You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform.
  • You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
  • You agree not to utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Songbox’s name or trademarks without our express written consent.
  • You will promptly remove any links that Songbox finds objectionable in its sole discretion. You agree not to use any Songbox logos, graphics, or trademarks as part of the link without our express consent.
  • You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
  • You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • You agree not to modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Songbox Platform, features that prevent or restrict the use or copying of any content accessible through the Songbox Platform, or features that enforce limitations on the use of the Songbox Platform. The Songbox Platform contains programming limitations that are enforced through technical measures adopted by Songbox, and any efforts to disable or defeat those efforts for the purpose of violating any provisions of the statutory licenses set forth in Sections 112 and 114 of the U.S. Copyright Act is strictly prohibited.
  • You represent, warrant and agree that you will comply with the above acceptable use requirements. Songbox reserves the right, in its sole discretion, to terminate any user’s account or take such other action as Songbox sees fit in relation to any user who partakes in any of Songbox’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, Songbox reserves the right to take court action and/or report users to the relevant authorities.

User Accounts, Additional Terms, End User License Agreements

In order to access some features of the Platform, you will have to create an account. You agree that the information you provide to Songbox upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Songbox may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • comply with legal processes;
  • enforce these Terms & Conditions;
  • respond to a claim that any information submitted by a user violates the rights of third parties;
  • respond to your requests for customer service; or
  • protect the rights, property or personal safety of Songbox, its users and the public.

Your Password

When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Songbox. You may be liable for the losses incurred by Songbox or others due to any unauthorized use of your account.


Copyright Issues

Songbox aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Songbox Website in a way that constitutes copyright infringement of your intellectual property, please contact support with a copyright infringement notice ("Notice") which should include the following written information:

  • a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
  • 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 Notice, 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 Songbox to locate the material (e.g. a URL and/or screen shot);
  • your full name, email address, postal address and telephone number on which you can be contacted;
  • a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
  • a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  • a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
    • When you cancel a paid membership;
    • When a paid membership is cancelled due to lack of payment;
    • After 2 months of inactivity for tracks associated with a free membership;
    • After 6 months of inactivity on a paid membership;
    • If your User Submissions are in violation of these Terms and Conditions.

User Uploaded Content

General

The Platform permits the submission and posting or linking of audio, images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Songbox.

Grant of Rights

You shall retain all of your ownership rights in your User Submissions. Songbox will not utilise your User Submissions for any purpose other than facilitating the normal operation of the Platform; which is allowing you, the user, to share tracks privately and at your discretion. User Submissions will be irrevocably removed from the Platform under the following conditions

User Submissions Representations and Warranties

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Songbox to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Songbox and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, Songbox’s use of such User Submissions pursuant to these Terms , and Songbox’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

User Submissions Prohibited Uses

In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Songbox or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.

User Submissions Representations and Warranties

In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Songbox or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.


Violation

In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, Songbox reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.


Content

Audio & Image Content

You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize Songbox to reproduce, publicly perform, and otherwise use Audio / Image Content uploaded by you in the manner outlined by Songbox and these Terms. You further represent and warrant that you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by Songbox to ensure the compliance with any laws or regulations.

Content Disclaimer

You understand that when using the Songbox Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively known as "Content") from a variety of sources, and that Songbox is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Songbox with respect thereto. Songbox does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Songbox be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the Songbox Platform.

Monitoring Users and Content

You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Songbox, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Songbox Platform. Songbox does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, Songbox chooses, in its sole discretion, to monitor Content, Songbox nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that Songbox may or may not pre-screen User Submissions, but that Songbox and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Songbox Platform. Without limiting the foregoing, Songbox and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of Songbox violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.

Removal of Content

Songbox, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.


Indemnity

You agree to indemnify, hold harmless, and keep Songbox, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with these Terms & Conditions, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by Songbox in the defence of any claim. Notwithstanding the foregoing, Songbox retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Songbox herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Songbox's prior written approval.


Termination

You understand and agree that Songbox will determine your compliance with these Terms & Conditions in its sole discretion. Songbox reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Songbox maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms & Conditions. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Songbox, you must destroy all materials obtained from the Platform and all related documentation.