TERMS OF USE

Last Updated on March 25, 2024

These Terms of Use are between you (as defined below) and Company (as defined below) concerning your use of (including any access to) the website www.myphonenumbersong.com ("Website"), and all services, content, and resources provided via the Website (collectively, the "Platform"). The term "Platform" includes any software provided by Company to facilitate use of any aspect of the Platform ("Associated Software"), and any graphic, logo, image, illustration, design, icon, digital download, data compilation, document, song, product, branding, function, layout, service or written or other material that is part of the Platform ("Materials").

BY ACCESSING OR USING THE PLATFORM, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF USE (INCLUDING BY CLICKING ANY BUTTON LABELED WITH "AGREE" OR SIMILAR WORDING), YOU ARE (A) ACKNOWLEDGING AND ACCEPTING THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND ENTERING INTO AN AGREEMENT WITH COMPANY TO BE BOUND BY THESE TERMS OF USE, AND (B) REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS OF USE, AND THAT YOU ARE 18 YEARS OF AGE OR OLDER.

If you do not accept these Terms of Use, you must not access or use the Platform.

Definition of the Parties.

Updates to these Terms of Use. Company may, from time to time, amend these Terms of Use by notifying you of such amendments by any reasonable means, including by posting the amended terms on the Platform, and your access to (including any use of) the Platform following any such amendment will constitute your further agreement to follow and be bound by these Terms of Use as amended. Any such amendment will not apply to any dispute between you and Company arising prior to the date on which Company posted such amendment, or otherwise notified you of such amendment. The date that these Terms of Use were last amended appears at the top of this page.

Updates to the Platform. Company may, from time to time, with or without notice, change, modify, add, or delete any content, style, functionality, service, accessibility, appearance, or use of the Platform or any feature thereof; charge, modify or waive any fees (including any fee model) required to use the Platform; offer opportunities to some or all Users; or shut down the Platform entirely.

In addition to the foregoing, these Terms of Use contain two parts:

These Terms of Use also hereby incorporate any additional terms and conditions posted by Company through the Platform, or otherwise made available to you by Company.

PART 1: GENERAL TERMS FOR ALL USERS

This Part 1 applies to all Users.

A. License; Limitations.

  1. Limited License to Use the Platform. Subject to these Terms of Use and your full compliance therewith, Company grants to you a non-exclusive, nontransferable, revocable, non-sublicensable, limited license (the "License") to access and use the Platform. You may use the Platform solely as provided in these Terms of Use, and you may use any Databases, Associated Software and Materials solely to the extent necessary for your authorized use of the remainder of the Platform, or as expressly authorized in writing by Company. You acknowledge that you do not acquire any ownership or intellectual property rights by using the Platform. Company may at any time terminate or limit the License, and/or terminate or limit your use of any or all of the Platform, including for any breach of these Terms of Use, with or without notice.
  2. Limitations on Use of the Platform. You may not copy, reproduce, republish, sell, upload, download, extract, reverse engineer, modify, reformat, reconfigure, extract, post, transmit, systematically access and store, create any derivative work of, or distribute the Platform, or any portion thereof, without the express prior written permission of Company. You may not circumvent the navigation structure or presentation of the Platform, or use any data mining, robots or intelligent agents, or other data gathering and extraction tools, in connection with the Platform. You may not use any Databases, Associated Software or Materials on any other website or on any networked computer environment. You may not frame or utilize framing technology to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company. You may not use the Platform for any fraudulent, tortious or unlawful purpose. Except as expressly provided herein, you may not restrict or inhibit any other visitor from using any aspect of the Platform, including by means of "hacking" or defacing any portion of the same. Without limiting the foregoing, any use of the Platform for purposes other than those described in and contemplated by these Terms of Use is strictly prohibited. The License set forth above to use Associated Software is conditioned upon your acceptance of and compliance with any additional terms and conditions that may apply, including any applicable license agreements with third parties.
  3. No Right or License in Musical Compositions or Sound Recordings. The limited License granted to you by these Terms of Use shall in no way be deemed to grant to you any right or license in or to any musical composition or sound recording available for licensing through Company or the Platform. Certain licenses for the use of musical compositions and sound recordings offered by Company may be purchased via the Platform, in accordance with these Terms of Use. No license request or other communication received through the Platform shall result in a valid or enforceable license except following purchase, according to the additional terms and conditions prescribed by Company in Part 2 herein. Any modification by you of any license form or other terms or conditions provided by Company will render the applicable license invalid.

B. Privacy Policy. Your submission of information through the Platform is governed by our Privacy Policy, as well as the Privacy Policy of our third-party payment processor, found here.

C. Intellectual Property; Proprietary Rights.

  1. General. The Platform contains copyrighted and proprietary subject matter. Your rights with respect to your use of the Platform are governed by all the terms and conditions of these Terms of Use, including the limited License granted hereunder, as well as all applicable laws, including intellectual property laws.
  2. Copyright. The Platform (including the compilation, selection, coordination, arrangement and enhancement of all Associated Software and Materials on the Platform) is the property of Company, and is protected by U.S. and international copyright laws. You acknowledge that all such rights are valid and enforceable. You may not remove or obscure any copyright or other proprietary notices contained on the Platform.
  3. Trademark. You are not permitted to use any trade names, trademarks, service marks, trade dress and related logos of Company and its affiliated legal entities (collectively, the "Marks") unless you first receive prior written consent to do so from Company or the third party that may own such Marks.
  4. Patent. The Platform and/or portions thereof may be protected under patent law, and may be the subject of issued patents and/or pending patent applications.

D. Third Parties

  1. Third-Party Products and Services. From time to time, Company may have the opportunity to offer to you products and services from third-party vendors, including at discounted prices and through special arrangements. Please be aware, however, that Company cannot take any responsibility for such third-party products and services. Please address any inquiries or concerns you may have about such products and services directly to the relevant vendor. Also, please note that, in some cases, Company may receive a referral fee or other consideration from the vendor for making the goods and services available to you. By taking advantage of the offer made available through Company, you are agreeing to any such fee or other arrangement.
  2. Third-Party Online Resources. The Platform may contain links to websites and other online resources of third parties that are not under Company's control. Company makes no representations of any kind regarding the content of such third-party online resources, and you hereby irrevocably waive any claim against Company with respect to such online resources. You agree that any time you access a third-party online resource that is linked through the Platform, you do so at your own risk. Company is not responsible for the accuracy or reliability of any information or materials contained on any third-party online resources. Company may make available links to other online resources merely as a convenience to you. Any comments regarding any third-party online resources should be directed to the entity whose website contains these materials or resources.
  3. DISCLAIMER. YOUR USE OF THIRD-PARTY WEBSITES AND OTHER THIRD-PARTY MATERIALS AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY WEBSITES, MATERIALS AND RESOURCES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY WEBSITES, MATERIALS AND RESOURCES).
  4. Linking to the Platform by Third Parties. A third-party website that links or seeks to link to the Platform: (1) may link to the home page of the Platform (or any other page that Company may designate from time to time), but not replicate any of the Materials; (2) may not create a browser, border or frame environment around the Platform's content; (3) may not imply that Company is endorsing it or its products; (4) may not misrepresent its relationship with Company, its publishers or licensees; (5) may not use any Company logo or other proprietary graphic or trademark as part of any link or otherwise without Company's express prior written permission; and (6) may not portray Company, its related legal entities, directors, officers, employees, or licensees or their services in a false, misleading, derogatory, or otherwise offensive manner. A third-party website seeking to link to the Platform must not violate any laws, advocate unlawful activity or contain content that is not appropriate for all ages. Company expressly reserves the right to remove any links to the Platform or request that you remove any links to the Platform that are not in compliance with these Terms.

E. DISCLAIMER OF WARRANTIES.

  1. GENERAL DISCLAIMERS. COMPANY PROVIDES THE PLATFORM AND THE MATERIALS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER(S) ON WHICH THE PLATFORM IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, CABLE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE PLATFORM, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM AND YOUR RELIANCE THEREON.
  2. Although we attempt to ensure the integrity of the Platform, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Platform's completeness or correctness is in question, please contact Company by mail at the address provided above or via e-mail to info@myphonenumbersong.com, and, if possible, provide a description of the material to be checked and the specific location (URL) where such material can be found on the Platform, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

F. LIMITATION OF LIABILITY.

  1. A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (1) ANY ERRORS OR OMISSIONS IN, OR THE CONTENT OF, THE PLATFORM; (2) THE UNAVAILABILITY OF THE PLATFORM, INCLUDING ANY FEATURES THEREOF; (3) ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA IN CONNECTION WITH THE USE OF THE PLATFORM; (4) ANY UNAUTHORIZED TRANSACTION OR MISUSE OF THE PLATFORM OR YOUR DATA BY ANY OTHER PARTY; AND/OR (5) ANY LOSS OR MISUSE OF A DOWNLOADED SONG.
  2. "Covered Party" means (1) Company, its related legal entities, and any officer, director, employee, subcontractor, agent, representative, successor or assign of Company or its related legal entities; and (2) each third-party supplier of any portion of the Platform, their affiliates, and any officer, director, employee, subcontractor, agent, representative, successor or assign of any third-party supplier of materials or any of their affiliates.
  3. IN ADDITION TO THE MORE SPECIFIC LIMITATIONS OF ALL LIABILITY SET FORTH ABOVE, NO COVERED PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OR USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NO COVERED PARTY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR FROM ANY SERVICES OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORM. THE MAXIMUM AGGREGATE LIABILITY OF ALL COVERED PARTIES COLLECTIVELY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH COMPANY AND THE COVERED PARTIES.
  4. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

G. Indemnification. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless any Covered Party from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees) arising from, relating to, or resulting from (a) your breach or alleged breach of these Terms of Use, including any covenants, representations and warranties therein; (b) your access to, use, misuse, or alleged misuse of the Platform; or (c) your violation or alleged violation of any law or any rights of any third party.

H. Legal Notices Under California Law. Under California Civil Code Section § 1789.3, California residents are entitled to the following specific consumer rights information:

  1. Pricing Information. Current fees for our services may be obtained by contacting Company at the mailing address provided above or via e-mail to info@myphonenumbersong.com. Company reserves the right to change its fees or to institute new fees at any time.
  2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

I. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is or may be harmful to minors. Company is not responsible for implementing any parental control protections.

J. Miscellaneous. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified so that it is valid and enforceable while reflecting to the greatest extent possible the original intent of the parties, and the remaining provisions shall be enforced pursuant to these Terms of Use. You agree that these Terms of Use and all agreements incorporated herein may be assigned by Company, in its sole discretion, to a third party. You may not assign these Terms of Use or any agreement incorporated herein without the prior written consent of Company. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of the text to which they pertain. Any use of the term "including" or variations thereof in these Terms of Use shall be construed as if followed by the phrase "without limitation." Company's failure to act with respect to a breach by you or others does not waive Company's right to act with respect to subsequent or similar breaches. These Terms of Use, and any additional terms or conditions set forth by Company in connection with specific services or features made available through the Platform, which are incorporated herein by reference, collectively set forth the entire understanding between you and Company with respect to the subject matter hereof and thereof. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Platform. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

K. Jurisdictional Issues. The Platform is controlled or operated (or both) from the United States, and is not intended to subject Company or any of its related legal entities, officers, directors, employees, subcontractors, agents, representatives, successors or assigns to the laws or jurisdiction of any state, country or territory other than the United States. Company does not represent or warrant that the Platform or any specific features or services that may be accessible through the Platform are appropriate or available for use in any particular jurisdiction. Those who choose to access the Platform and the entities that such individuals represent do so on their own initiative and at their own risk, and are responsible for complying with local laws, if and to the extent local laws are applicable. Company may limit the availability of the Platform and/or specific features or services of the Platform with respect to any person, geographic area or jurisdiction we choose, at any time, in our sole discretion.

L. Applicable Law; Arbitration. The laws of the United States (including federal arbitration law) and the State of California, without regard to principles of conflict of laws, will govern these Terms of Use, and any dispute of any sort that might arise between you (including any entity you represent) and/or Company and/or any User or third party making an offer(s) through the Platform arising from or related to these Terms of Use. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE SOLELY BETWEEN YOU AND COMPANY, AND NOT TOGETHER WITH OR ON BEHALF OF ANY OTHER PARTIES; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by these Terms of Use. The Commercial Arbitration Rules are available online at https://www.adr.org/sites/default/files/Commercial-Rules_Web.pdf. Any in-person appearances will be held in Los Angeles County, California. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

M. Export Control Laws. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.

PART 2: SUPPLEMENTAL TERMS FOR ALL USERS WHO PURCHASE AND DOWNLOAD THE "MY PHONE NUMBER SONG" FROM THE PLATFORM.

In addition to all other applicable provisions of these Terms of Use, this Part 2 sets forth additional terms that apply to all Users who purchase and download the "My Phone Number Song" from the Platform, including any future versions thereof, and any other current or future music licensing operations operated or controlled by Company (the "Licensing Platforms").

A. Access and Authority to Purchase and Download the "My Phone Number Song."  Only those Users who have accepted these Terms of Use by clicking on an "Agree" button may purchase and download the "My Phone Number Song." As a condition precedent to downloading the song and obtaining a license through the Platform, you represent and warrant that you are legally capable of entering into binding contracts, and have the full right and authority to engage in such transactions, including without limitation any associated credit or debit card transactions, and you assume full responsibility for all such transactions and agreements. You further represent and agree that You will review all license terms that will govern the license(s) requested through the Platform.

B. Submissions and Third-Party Content. Users seeking to purchase and download a Song through the Platform will be given access to certain functionalities to upload or transmit information, including personal identifying information, in connection with customization and purchase of the Song. Subject to the terms of the Privacy Policy, you acknowledge and agree that Company may use, publicly display, and/or share such information as appropriate to facilitate the conduct of business and provision of its services, in order to customize Your Song and make it available to You for download following a purchase. You agree not to upload or transmit any content through the Platform which is libelous, defamatory, invasive of privacy, obscene, pornographic, abusive or threatening; or which violates or infringes any person's legal rights or the legal rights of any entity, including copyrights, trademarks, or trade secrets. You are solely responsible for any content you submit, and Company has no responsibility for any such content, including its legality, originality, reliability and/or appropriateness. You acknowledge and agree that Company has the right (but not the obligation) to monitor any submissions or materials transmitted through the Platform for violation of these Terms of Use, and to comply with legal obligations or governmental requests.

C. Ownership and Licensing of Songs Purchased on Platform.

  1. Ownership. The Company retains all rights, titles, and interests in the original content from which Songs are derived, including the music, melody, and arrangement of the songs, regardless of the use of Your phone number or a particular name or title in the lyrics. Though the lyrical content of Songs is generated based on the phone number and name or title You enter, this input is used solely for the purpose of customizing Your Song and does not constitute creative input or user-generated content in the traditional sense.

  1. License to Users, and Prohibition on Commercial Use. By purchasing a Song, You are granted a non-exclusive, revocable license to use, copy, and distribute the Song as a derivative work for Your personal, non-commercial purposes only. This license does not convey to You any ownership rights in the music, melody, or arrangement of the Song, nor any commercial right to exploit the Song. You are explicitly prohibited from using any Song for commercial purposes including but not limited to the selling, licensing, placement in advertising, or otherwise monetizing any Song without obtaining prior written consent from the Company.

D. Payment Services. Certain services made available through the Platform are subject to a one-time electronic payment made through Company's third-party payment processor. If you wish to purchase such services, you will be asked to supply certain information applicable to your purchase, such as your credit or debit card number, expiration date, CVV, and billing Zip Code associated with the card, and/or other payment information. Other options for secure electronic payment (such as Apple Pay, Google Pay, etc.) may also be provided by the third-party payment processor. Ordering a Song available on the Platform is not intended for, and not to be accessed by, minors.

You understand that any such information will be treated by Company in the manner described in its Privacy Policy, as well as the Privacy Policy of our third-party payment processor. You agree that all information that you provide to Company will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit or debit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (For additional information regarding pricing, see Legal Notices Under California Law.) 

Payment cards (such as credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. Company and its third-party payment processor are not liable for any delay or non-delivery of Your orders through the Platform if they do not receive the required authorization.

By submitting such payment information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order, and You further represent and warrant that (i) You have the legal right to use any credit or debit card(s) or other payment method(s) provided in connection with Your Order, and (ii) the information You provide is true, correct, and complete.

E. Order Cancellation. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to service availability, errors in the description or prices for Songs, and errors in your Order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

F. Availabilities, Errors, and Inaccuracies. We are constantly updating Our offerings of Songs on the Platform. The Songs available on the Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Songs on the Platform and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

G. Support for missingkids.org. We are committed to supporting the important work of the National Center for Missing & Exploited Children (NCMEC), a private, non-profit 501(c)(3) corporation dedicated to helping prevent child abductions, find missing children, and combat child sexual exploitation and victimization. To support their mission, We donate 10% of all proceeds from sales made on the Site to NCMEC. For more information, please visit https://www.missingkids.org.