TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“TERMS") SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND NOSONGREQUESTS.COM INC. (“NSR”, “WE”, “US”, “OUR”). PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY CAREFULLY PRIOR TO USING NOSONGREQUESTS.COM, ANY RELATED SUBPAGES, APPLICATIONS AND/OR MOBILE VERSIONS (COLLECTIVELY, THE “PLATFORM”) OR REGISTERING FOR THE SERVICE (AS DEFINED BELOW). BY USING THE PLATFORM OR REGISTERING FOR THE SERVICE, YOU BECOME A PARTY TO THIS AGREEMENT AND ARE BOUND BY THE TERMS HEREIN, WHETHER YOU ARE A VISITOR, MEMBER OR USER (COLLECTIVELY, THE “USER”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DISCONTINUE YOUR USE OF THE PLATFORM AND THE REGISTRATION PROCESS. YOUR CONTINUED USE OF THE PLATFORM WILL CONSTITUTE YOUR BINDING ACCEPTANCE TO THE TERMS HEREIN.
1. SERVICE
NSR provides the Platform which is a cloud-based software as a service (SaaS) that allows audience members at live events and live virtual events to like specific songs and submit song requests, tips, comments and shout out requests to Disk Jockeys (DJs) and live music performers in real time during events. It allows DJs and live music performers to better understand audience preferences both at a specific event and over time. You will be provided access to the Platform for a fee as a registered member (“Member”). Members can use the Platform to backup and restore their libraries, through our subscription service (collectively, the “Service”). Members can access additional features of the Platform. You must be at least 18 years of age to enroll in the Service.
2. REGISTRATION OBLIGATIONS
During the registration process, you will submit your email and a password to access the Service to the Platform (your "Account"). It is your responsibility to keep your Account (including your password) confidential, and (b) not share access to the Service with anyone else. You are not authorized to share your Account with anyone. You are solely responsible for maintaining your email and password and for all activities that occur under your Account. You must immediately notify NSR of any unauthorized use of your Account. Although NSR will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of NSR or others due to such unauthorized use.
You represent and warrant that any registration information that you submit to NSR is true, accurate and complete, you agree to maintain the accuracy of the submitted information at all times.
3. RIGHT TO MODIFY
NSR reserves the right to modify the Platform, the Terms and the Privacy Policy at any time, in our sole discretion, without prior notice. Such modification shall be effective upon posting by NSR on the Platform. You agree to be bound to any changes to the Terms and Privacy Policy when you use the Platform after any such modification is posted. It is therefore important that you review the Terms and Privacy Policy regularly to ensure you are informed as to any changes.
You should periodically review the most up-to-date version at NoSongRequests.com/legal/privacy. If any modification is unacceptable to you, you hereby agree that your only recourse is to terminate your Account and cease use of the Platform immediately. Your continued use of the Platform following any change to the Terms will constitute your binding acceptance of the change.
4. PRIVACY POLICY
The use of information or material provided by you to the Platform is further detailed in our Privacy Policy, which is incorporated by reference herein, in its entirety and available at NoSongRequests.com/legal/privacy. Please read our Privacy Policy in full.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 NSR will make reasonable efforts to remain online and operational. However, technical difficulties, routine site maintenance, upgrades, and circumstances beyond our control, including acts of god, government action, pandemics and epidemics may, from time to time, result in temporary Service interruptions. NSR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that NSR shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service or the Platform.
5.2 By using the Service, you acknowledge and agree that you will not use the Service to share files with any other person. NSR reserves the right to immediately and permanently terminate your access to the Service if we believe that you are violating this condition. No refunds will be given.
6. TERM, FEES AND PAYMENTS
6.1 By registering for the Service, you agree to pay the applicable rate when charged. Users may subscribe to the Platform by paying: (a) a recurring monthly fee for membership to the Platform; or (b) a recurring yearly fee for membership to the Platform (“Recurring Fee” and Sections 6.1(a) to (b) collectively, “Membership”).
6.2 You will be automatically billed for the Recurring Fee at the monthly or yearly rate and be responsible for making timely payments for the Recurring Fee until you cancel your Membership. If you want to cancel your Membership, you may do so by logging into your Account and making such changes on your billing page. Each month during the term of the Membership, the Recurring Fee will be billed automatically to the credit card designated by you. If you want to designate a different credit card for the Recurring Fee or update any payment/credit card information, you may do so by logging into your Account and making such changes on your billing page.
6.3 You agree to pay all charges incurred in connection with your email and password for the Service at the rates in effect when the charges were incurred and all charges incurred in connection with any purchases on the Platform. ALL FEES AND CHARGES ARE NONREFUNDABLE. You understand and agree that you may also be subject to the terms, conditions and policies of the third party sites used by us to process payment. It is your responsibility to review any such applicable policies.
6.4 You agree to pay NSR any and all reasonable collection costs (including, without limitation, attorneys’ costs and fees) incurred by NSR to collect any past due amounts. Your Account may be deactivated without further notice if payment is past due, regardless of the dollar amount. Such deactivation will not affect your obligation to pay amounts owed to the NSR. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service Account.
6.5 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
6.6 NSR reserves the right to change its fees and billing methods at any time and will communicate any such fee or billing changes to you, to your registered email address. Your continued use of the Service following any billing change will constitute your binding acceptance of the change.
7. TERMINATION
7.1 These Terms will continue to apply to you until terminated by either you or NSR. NSR may, at its sole discretion, terminate your Account and/or use of the Service for any reason, including no reason at all. NSR may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that NSR shall not be liable to you or any third party for any termination of your access to the Service. No refunds will be given.
7.2 You may terminate your Account and Membership to the Service at any time. However, no refunds will be given. You may terminate your Account and Membership by selecting “terminate my Membership” By cancelling from your settings page.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your email and password. The sharing of emails and passwords is expressly prohibited. The content, trademarks, service marks and logos available through the Service are the property of NSR or its licensors and are protected by copyright and other intellectual property laws.
8.2 You agree not to circumvent, disable, reverse engineer, or otherwise interfere with any technology, security-related feature, or any feature, used by NSR, its licensors or any third party to protect or provide the Service, or enforce limitations on use of the Platform, Service or the content therein. You agree to indemnify and hold harmless NSR for your failure to comply with this Section 8.2.
8.3 You acknowledge that NSR retains exclusive ownership of the Service and all intellectual property rights associated therewith. You are not granted any rights or license to patents, copyrights, or trademarks with respect to the Service or its contents, and NSR reserves all rights not expressly granted hereunder.
9. LICENSE
9.1 When you access the Platform, we allow you to use our software, which includes the software we developed to run our Platform, any related digital application (“App”), and any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use in accordance with these terms.
9.2 This license is non-transferable and is solely for your personal use and for use on computers and/or devices that you own, control or have authority to use, and is subject to the following. You represent and warrant that you shall:
a) comply with the rules set out in the Terms for whatever application you use to download or access the App or the Platform;
b) not copy our software;
c) not remove, modify or obscure any copyright, trademark or other proprietary rights notices contained on the Platform;
d) not reverse engineer, decompile or disassemble any portion of the Platform;
e) not grant rights in NSR membership access to anyone else;
f) not upload anything to Site that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of the Platform;
g) not export or re-export the software in violation of US export laws;
h) not be located in a country that is (i) subject to a US government embargo or (ii) designated by the US government as a “terrorist supporting” country or (iii) listed on any US government list of prohibited or restricted parties;
i) not access, create or modify the source code of our software in any way;
j) not use the Platform in any way that impedes the normal use of the Platform by another User;
k) not use the Platform to track, monitor or analyze User behavior in any manner;
l) not attempt to compromise any security measures employed by NSR or any of the NSR partners, including tampering with such measures;
m) not copy, reproduce, create derivative work, distribute, disseminate, sell, transfer, license, perform, display, transmit, make available to third parties or circulate the content received through the Service to anyone else;
n) comply with all other terms and warranties of these Terms and applicable laws and regulations.
10. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Platform is at your sole risk. The Service is provided on an "as is" and an "as available" basis. To the fullest extent permitted by law, NSR, its officers, directors, employees and agents do not make, and hereby disclaim, any representations or warranties regarding the Service, the Platform and Service offered through the Platform or any portion thereof, express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, and timeliness of the products and related graphics contained within the NSR website or service. NSR assumes no liability for any: (a) personal injury or property damage, of any nature, resulting from your access to and your use of the Platform, (b) any unauthorized access to or use of our secure servers and any personal or financial information stored therein, (c) any interruption or cessation of transmission to or from our Services, (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party (e) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
11. INDEMNITY
You agree to defend, indemnify and hold harmless NSR, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Platform; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, proprietary, or privacy right; or (d) any claim that your data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Platform.
12. REFUND POLICY
All payments, subscriptions, and fees paid to the NSR are non-refundable.
13. GOVERNING LAW AND VENUE
These terms shall be governed by the laws of the State of California, without regard to conflicts of laws principles. You agree that any dispute arising out of or relating to your use of the Platform or the content existing on the Platform shall be resolved exclusively though binding arbitration before one arbitrator with JAMS. The venue of the arbitration shall be in Ventura County, California. Each party shall bear their own legal fees and costs.
14. CLASS ACTION WAIVER
OU AND NSR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and NSR agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
15. MISCELLANEOUS
NSR reserves all rights not expressly granted in these Terms. You may not assign any rights or licenses granted to you in these Terms. Nothing in these Terms shall constitute a partnership, agency relationship, or joint venture between you and NSR. Should any term or provision be deemed invalid, void or unenforceable either in part or its entirety, it shall be severed and the remainder of these Terms shall remain in full force and effect. NSR’s failure at any time to require performance of any term shall in no manner affect our right at a later time to enforce the same term unless this right is expressly waived by us in writing. These Terms together with our Privacy Policy constitute the final, complete and exclusive agreement with respect to your use of the Platform.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of us, our Users and the public.
If you have any questions or concerns about these Terms, please email us at info@NoSongRequests.com