Terms of ServiceThese terms of service apply between SingOn Ltd. (‘SingOn’) and users of SingOn’s products (SingOn and Karaoke Game) and websites.
1. YOUR ACCEPTANCE.
Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our services we provide you.
1.2. SingOn reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
2. GENERAL TERMS
The Service is owned and operated by SingOn Limited (‘SingOn’), a company incorporated in Finland whose registered address is Koulukatu 19 A 2, 90100 Oulu.
2.1. As long as you comply with these Terms of Service, SingOn grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service. The material displayed on our services are provided without any guarantees, conditions or warranties as to its accuracy.
2.2. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2.3. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Service or in connection with the use, inability to use, or results of the use of our Service, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
3. ACCOUNT POLICY
3.1. You are responsible for making all arrangements necessary for you to have access to the service. You are also responsible for ensuring that all persons who access the service through your internet connection are aware of these terms, and that they comply with them.
3.2. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
3.3 Don’t use another user’s account without permission. Karaoke Game accounts are personal and you are responsible for the activity that occurs on your account. Contact email@example.com if you notice any breach of security or unauthorized use of your personal account.
3.4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service.
4. TERMS RELATING TO SERVICE USE
Access to the service is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice (see below). We will not be liable if for any reason the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our service, or our entire service, to users who have registered with us.
4.1. Access & Service Content
4.1.1. We aim to update our service regularly, and may change the content at any time. If the need arises, we may suspend access to our service, or close it indefinitely. Any of the material on our service may be out of date at any given time, and we are under no obligation to update such material.
4.1.2. All content on that is available through the service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “service content”), are the proprietary property of the Company, its users or its licensors with all rights reserved.
4.1.3. No service content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the service. Provided that you are eligible for use of the service, you are granted a limited license to access and use the service and the service content and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
4.1.4. Except for your own user content, you may not upload or republish service content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the service content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the service or the service Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
4.2. User Information Policy & User Contribution
4.2.2. We provide a feature that allows you to record a video of your performance which you can save to your device’s memory or share it online. By submitting any user material through the service you agree that (a)you may be identified publicly by your username and video picture, (b)you have to publish appropriate material which doesn’t break our community guidelines and (c) SingOn Ltd. may place advertising and promotions on the service in conjunction with your submission. To be able to save and share the record, you have to subscribe our VIP member licence.
4.2.3. Whenever you make use of a feature that allows you to upload material to the service, or to make contact with other users, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
4.2.4. Any material you upload to the service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy.
4.2.5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our service.
4.2.6. We have the right to remove any material or posting you make on the service if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
4.2.7. You must not misuse our service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the service, the server on which the service is stored or any server, computer or database connected to the service. You must not attack the service via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the service will cease immediately.
4.2.8. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device equipment, device’s applications, programs, data or other proprietary material due to your use of the service or to your downloading of any material posted on it, or on any website linked to it.
4.2.9. The Service may include songs featuring adult lyrics and themes and as such children under 18 may only use the service under guidance from their parent or guardian.
5. ACCEPTABLE USE POLICY
5.1. We may monitor usage, including without limitation, any content (including content usage levels by individual users) or material transmitted over the service.
5.2. We reserve the right (at our sole discretion) to monitor and control data volume. In the event that your use of the Broadband Service (a) risks degradation of service levels to other customers, (b) puts our system at risk, (c) is not in keeping with that reasonably expected of a service’s user, (d) is used for commercial use without a commercial subscription and/or (e) does not comply with these Terms of Service (including the Acceptable Use Policy), we reserve the right (at our sole discretion) to reduce, suspend or terminate your service. Your use of the service means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of service use.
5.3. Prohibited Uses
5.3.1. You may use the services only for lawful purposes. You may not use our service:
- For commercial purposes without the appropriate commercial subscription.
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- Not to use the service in the public arena unless for use in schools specifically for education services.
- Not to reproduce, duplicate, copy or re-sell any part of our service in contravention of the provisions of our terms of service use.
- Not to use the service or any interactive services for business purposes including the solicitation of business.
- Not to resell access to the service.
- Not to download user account information.
- Not to frame the service or any part of it.
- Not to copy any material obtained from the service to peer-to-peer networks or other web sites or web services.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our service;
- any equipment or network on which our service is stored;
- any software used in the provision of our service; or
- any equipment or network or software owned or used by any third party.
5.4.1. We provide interactive features on our service (interactive features) where you can share your content, comment other’s videos and give them likes.
5.4.2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive features provided on our service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature by a user in contravention of our content standards, whether the service is moderated or not.
5.4.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
5.4.4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5.5. Content Standards
5.5.1. These content standards apply to any and all material which you contribute to the service (contributions), and to any interactive services associated with it.
5.5.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.6.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the service. When a breach of this policy has occurred, we may take such action as we deem appropriate.
5.6.2. If service monitoring reveals an individual’s usage levels exceed 1000 songs in any given month, we reserve the right to investigate whether that user is using the service for commercial purposes. In such circumstances we reserve the right to suspend the user’s service until our investigations are complete.
5.6.3. People found to be showing content from the service in commercial premises without having entered the correct commercial subscription agreement may face criminal prosecution and termination of the service.
- Immediate, temporary or permanent withdrawal of your right to use our service.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the service.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.7. Changes to the Acceptable Use Policy
5.7.1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the service.
6. CONDITIONS OF SALE OF GOODS AND SERVICES
6.1. Pricing and availability
6.1.1. We list availability information for products and services sold by us on the website and application. All rights for changes in pricing are reserved.
6.2. Payment on Karaoke Game
6.2.1. Payments on Karaoke Game mobile application are processed through Apple iTunes. SingOn Ltd. does not store your credit card or debit card details.
6.3. Refund of subscription
6.3.1. Due to the immediate-use nature of ‘unlimited singing’ subscriptions and song credits we are afraid we cannot offer refunds for purchase of these services. If you have a problem with your subscription, please contact firstname.lastname@example.org with the subject heading SUBPROBLEM.