Nes Song Maker

[Tijuana Strauhal]

SinceYourSongmaker is offering non-tangible services, we do not issue refunds once the song order is accomplished and is being processed. Given the nature of downloadable digital items, we do not generally offer a refund however, we work to rectify the following issues.

\u00B7 Non-delivery of the digital download: due to some mailing issues of your e-mail provider you might not receive a delivery e-mail from us. In this case we recommend you contacting songmakerp...@gmail.com for assistance. Claims for non-delivery must be submitted to us in writing within 7 days from the order placing date. Otherwise the product will be considered received and downloaded;

\u00B7 Digital download not-as-described: such issues can be reported to songmakerp...@gmail.com within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the product description page. Complaints which are based merely on the customer\u2019s false expectations or wishes are not honored.

This website is owned by Songmaker Productions, LLC dba YourSongmaker(the \"Site Owner\"). By accessing this website (the \"Site\"), or by the use of the services or products offered, the user is indicating understanding and acceptance of these Terms of Use (the \"Terms\"). These Terms are subject to change at any time. Use of this Site after such changes are implemented constitutes acceptance of the changes. Please consult these Terms regularly.

All content provided by the customer to Site Owner is declared by the customer to be unique in nature, meaning that no poem, lyrics or other writings written by another person have been incorporated into the content without their expressed written permission. Content submitted by the customer will be used, based upon the selections, to create a custom song.

Site Owner, at its sole discretion, reserves the right to refuse a submission for any reason and will promptly refund any monies paid, less any administrative costs. Orders may be changed through our Contact Us page if submitted within 3 business days of purchase, but cannot be cancelled once submitted. Individuals under the age of 18, please ask a parent or guardian before any purchase.

The Site Owner reserves the right to add or change a word to fit the musical composition if necessary, but the sentiment will not be changed. Customer will be contacted for approval before any significant change is implemented. A sample clip of the song will be provided to the customer for review and suggested edits are to be provided back to the Site Owner within 48 hours of receiving the song sample in order for the song to be completed within the 14 day time period. Given the artistic and interpretive nature of a song, it is understood and agreed to that it may not be possible to have all suggestions fully implemented. Certain edits/changes may require additional fees. See our FAQ. The Site Owner and the composer are held harmless for the final song delivered or usage of submitted materials.

The Site Owner will copyright all songs after the final version is provided to the customer. The percentage split is as follows: Lyricist (40%), Composer (40%), and Site Owner (20%). The Site Owner will maintain and store all copyright certificates.

Any submission or related work product, in whole or part, may be used by Songmaker Productions, LLC, their agents, representative, or other authorized users for any and all purposes including, without limitation, advertising, news, broadcast, promotional, marketing, publicity, trade or other commercial purposes, all without further notice to you and with or without advance permission, payment, or attribution. It is the sole discretion of Songmaker Productions, LLC to determine whether songs will appear as featured songs on the site and/or if songs will be available for digital download purchase on the site If the song results in any financial gain, the customer will receive 40%, the composer 40% and the Site Owner 20%. This stipulation would come into effect only if the song started generating money from any commercial sales, music industry sales, or any other form of entertainment sales. Customer agrees to notify the Site Owner within 5 business days if the song is used commercially or for financial gain through Customer efforts.

If the event the song results in any financial gain, the customer will receive 40%, the composer 40% and the Site Owner 20%. This stipulation would come into effect only if the song started generating money from any commercial sales, music industry sales, or any other form of entertainment sales. The Site Owner will maintain bookkeeping for all revenues. Payouts will occur once per month on the 1st Friday of the month. Payouts will occur only when an individual customer/composer\u2019s balance has reached $50. A detailed accounting of the revenue generate from your song may be requested at any time by emailing songmakerp...@gmail.com.

Monitor, gather or copy any content on this Site by using any robot, \u201Cbot,\u201D spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.

The Site Owner cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that its content is accurate, error free or up to date. Content warning- lyrics on this site may be considered offensive in nature to some consumers. Reading and listening to lyrics is the right and free will of the consumer.

This Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties\u2019 sites.

The Site Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact us via email at Songmakerp...@gmail.com or using the form on our Contact Us page of this Site.

By using this Site you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Site Owner. By using this site, you affirm that you are able to enter into these Terms of Service.

These terms constitute the sole agreement between the Site Owner and the customer, regarding these service and products. Any additional work not specified in this contract or any other amendment or modification to this contract must be agreed to by written consent signed by both parties. Continued services after that time may require a new agreement.

This website is owned by Songmaker Productions, LLC dba YourSongmaker (the \"Site Owner\"). By accessing this website (the \"Site\"), you are indicating your understanding and acceptance of this Privacy Policy (the \"Policy\"). This Policy is subject to change at any time. Your use of this Site after such changes are implemented constitutes acceptance of the changes. Please consult this Policy regularly. YourSongmaker understands your concerns about data privacy. We collect no personal information about you when you visit our website unless you choose to provide this information to us. Additionally, we collect and store certain information automatically. Below is how we handle information about your visit to our website.

If you do nothing during your visit but browse through the website, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:

The Internet domain (for example, \"xcompany.com\" if you use a private Internet access account, or \"yourschool.edu\" if you connect from a university's domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our website;

If you linked to our website from another website, the address of that website. We use the information we collect to count the number and type of visitors to the different pages on our site, and to help us make our site more useful to visitors like you.

You may be choose to provide the Site Owner with personal information when you use the tools provided by the Site Owner, when you place an order or begin the song creation process, when you sign up to receive our emails or contact us via the website. We use the information to improve our service to you, process transactions or to respond to your request. Your personal information, whether public or private, will not be sold, exchanged, transferred, or provided to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service or product requested.

Our website may have links to other sites that we consider valuable resources. When you use these links to another site, you are no longer on our site and are subject to the privacy policy of the new site.

Our website, products, and services are directed to individuals who are at least 13 years old or older. If you are under the age of 18, please have the approval of a parent or guardian before accessing the site or placing an order.

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