Terms of Service
I HEART SONGWRITING CLUB - TERMS OF SERVICE
Welcome to I Heart Songwriting Club. We are delighted to have
the opportunity to work with you.
These Terms of Service (Terms) explain what our Programs are and how we work. This includes information on how to sign up, your membership, fees and payment, and our ‘house rules’ for members.
The I Heart Songwriting Club websites (https://www.iheartsongwritingclub.com; https://share.iheartsongwritingclub.com), platform and associated applications, Programs and services (collectively, the Service) is owned and operated by Seat 7A Pty Ltd t/a I Heart Songwriting Club (IHSC, we, our or us). These Terms apply to the use of the Service by our members (member, user, you).
BY CREATING AN ACCOUNT OR PARTICIPATING IN THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, SO PLEASE TAKE SOME TIME TO READ AND UNDERSTAND THEM. IF THERE IS ANYTHING YOU DON’T UNDERSTAND, PLEASE DON’T HESITATE TO GET IN TOUCH.
1. In order to use the Service, we may require that you create an Account. You acknowledge that we may require you to provide us with your name, email and password, details of your Valid Card, and other personal details which are relevant to our Service and your selected Program. You may use a pseudonym as a username for the Service.
2. All information provided to us must be current, correct and complete. Incomplete, ineligible or incomprehensible applications will not be valid.
3. We reserve the right to refuse or cancel the registration of an Account for any reason at our sole discretion.
4. The Service is generally designed for use by people aged 15 years and over, unless members are participating in the Kids Songwriting Course, in which case members must be 10 – 17 years of age.
5. People under the age of 18 years may only use the Service with the consent of a parent or legal guardian. We reserve the right to seek further information from you to verify your eligibility to use the Service.
6. You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. You must not use another member’s account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
7. You are responsible for managing your Account using the tools provided on your Account page or by contacting us.
8. If you wish to change your contact details (including your email) used for the Service, please email [email protected] and include your username and the current registered email address that is used for the Service. You can change your username on your Account page. Any changes to your username will apply to all of your current and past groups.
9. The Service is a global community for songwriters around the world to enhance creative practice through an online peer songwriting club, through courses, mentorship and workshops, opportunities to showcase songs created within the community, to develop skills, collaborate and support each other.
10. You may Subscribe for a particular Program as part of our Service. You acknowledge that different Subscription plans, Fees, features, durations and inclusions apply to different Programs.
11. The features and Fees for each Program are specified during the sign-up process.
12. The Club Program is a Subscription Program and is structured as follows:
a. members spend approximately one hour per week writing a song to a theme and a songwriting guideline provided by a Club Administrator over a specified Program Term;
b. members share their songs privately with assigned small peer groups via the Service and provide feedback on each other’s work;
c. the members of each group are expected to view and listen to the songs, comments and other Content submitted by each other group member;
d. each group provides a supportive community to facilitate active engagement, contribution and feedback.
13. You acknowledge that your assigned group will be able to view and listen to your Content and will be able to review your comments and feedback and determine if you have viewed or listened to their work.
14. We will notify you when we have assigned you to a group. That notice may be via the Service or by email. While we use our best efforts to assign you into a group as soon as possible, your assignment into a group may be delayed, for example if we do not have enough people to make up a minimum group size. If you are not assigned a group within 2 weeks, please contact us for support.
15. Group sizes may vary at our discretion.
16. You can only be assigned to one group per Program in each Program Term.
17. The survival of our community requires regular contribution from members. To receive the best experience from the Service, it is strongly recommended that you commit to a minimum of 1.5 hour per week during the Program Term for creating and submitting Your Content and listening and giving feedback on the content of other group members.
18. Please submit Your Content directly onto our Service. Linking to other external services including but not limited to Soundcloud, YouTube and Spotify to view your submission is not correct use of the Service and may result in Account termination. You can upload Your Content by following the instructions on the Service.
19. We may provide manual functionality for members to create custom groups. This allows members to create or join a group of people prior to a Program Term starting and to decide the people (or some of the people) they want to group with. You will not be assigned to a custom group if your Membership cannot be processed in time. We cannot guarantee that all members will be assigned to their custom group of choice. To create a custom group, please email [email protected]
20. We allocate members into groups and determine the composition of groups at our discretion. At the end of a Program Term, you may stay with your current group or request to be assigned to a new group by emailing [email protected] before the Sunday in the last week of your current Program Term. We will consider all requests to be placed into a new group, however we cannot guarantee any placement of a member into a new group.
Adult Songwriting Course
21. The Adult Songwriting Course is a Program specifically designed for beginner adult songwriters. This is not a subscription service, but attracts an upfront Course Fee.
22. Specific Program inclusions are specified when signing up.
23. Clauses 12-19 of these Terms also apply to the Adult Songwriting Course
Kids Songwriting Course
24. The Kids Songwriting Course is a Program specifically designed for young songwriters between ten (10) and seventeen (17) years old. Parents/Legal Guardians of the Users sign up the member to the Kids Songwriting Course. This is not a subscription service, but attracts an upfront Course Fee.
25. Specific Program inclusions are specified when signing up.
26. Clauses 12-19 of these Terms also apply to the Kids Songwriting Course.
27. We may offer organisations the opportunity to sign up as a partner. When an organisation is a partner we may provide the organisation with additional features that allows groups of members selected by the organisation to work together in private groups or groups mixed with other members. Members that join under the invitation of an organisation agree to these Terms except for the Fees and additionally agree that the organisation may have visibility over their progress, including the frequency and completion of all Program requirements.
Level Up Club
28. Additional terms and conditions apply if you sign up for the Level Up Club. Those details will be provided to you when you apply.
29. You understand and agree that the Service may include certain communications from us, including songwriting task emails, notification emails, Service announcements and administrative messages. These communications are considered part of the Service.
30. You are solely responsible for your interactions with other members. You agree that we are not responsible for the conduct of any member.
31. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Website in the manner specified in these Terms.
32. You may not decompile, reverse engineer, disassemble, or convert any element of the Service; distribute or republish any element of the Service in any way; resell, rent, lease or lend any element of the Service; defeat, disable or circumvent any security feature of the Service; transfer any element of the Service to any third party; or authorise any third party to do any of the acts above.
33. You must not engage in crawling, scraping, caching or otherwise accessing any Content on the Service, including any songs, recordings, compositions, or lyrics, via automated means. You must not harvest any personally identifiable information, including but not limited to, names, profile pictures and contact details.
34. The Service may contain links to other sites not maintained by us (Linked Sites). We are not responsible for the content of any Linked Sites. We do not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites.
RENEWAL, SUSPENSION AND CANCELLATION
35. Courses are one-off Programs with fixed Program Terms. Courses do not automatically renew and cannot be paused.
36. Your Subscription Program has an initial Program Term which is specified when you Subscribe. Your Subscription will automatically renew and you will continue in your selected Subscription Program for subsequent Program Terms unless you cancel or pause your Subscription using the tools on your Account page on our site. You will be notified when your Subscription is due to renew, however it is your responsibility to manage your Subscription.
37. You can pause or cancel your Subscription at any time. You can resubscribe later if you cancel.
38. Pausing your Subscription on or before the Saturday of the last week of your Program Term will prevent Subscription Fees being charged until a future date that you pre-select when you pause your Subscription. A Subscription should be paused, rather than cancelled, if you don’t want your payment information to be removed or if you don’t want to lose any of the benefits associated with your membership. If you have paused your Subscription your Subscription will automatically renew at the date that you pre-selected when pausing.
39. If you cancel your Subscription on or before the Saturday of the last week of your Program Term your membership will become inactive at the end of your current Program Term. If you cancel your Subscription during a Program Term, as you have paid for and agreed to the terms for the full Program Term you will continue to have access to your selected Subscription Program and will be expected to participate in your selected Subscription Program until the end of that Program Term. When your membership is inactive, you will still have access to your past group/s and songs.
40. We may immediately suspend, restrict or cancel your use of the Service and/or these Terms: (a) where reasonably necessary for security or operational reasons; (b) if you engage in any indecent, obscene, threatening, discriminatory, harassing, offensive or illegal behaviour; (c) if you breach any of these Terms; or (d) if we have reasonable grounds to suspect that your Account details are incorrect or that there has been unauthorised access to your Account.
41. We reserve the right to monitor the Service generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, we may close or freeze the Account immediately. We retain the right and absolute discretion to suspend or terminate your Account, and/or access to the Service generally without notice if we believe you have abused any privilege accorded to you as a member, supplied misleading information or made any misrepresentations to us, tampered with the Service in any way, breached these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Service.
42. If we cancel for cause, we may charge fees for your entire current Program Term and you will not be entitled to a refund.
43. We have the right to suspend or terminate your access to the Service, at our discretion, without notice.
FEES AND PAYMENT
44. When you sign up and provide us with your Valid Card, you agree to the Service and you authorise us to charge the applicable Fee to you.
45. You agree to pay the Fee at the time or intervals specified in your Program plan for the entire Program Term. You are responsible for full payment of the Fee for the entire Program Term, regardless of whether you attend all the sessions or complete your Program.
46. We use a third party Payment Provider, Stripe (https://stripe.com), to process payments. We don’t store credit or debit card information on our own servers. You authorise and consent to us providing your Valid Card to Stripe to facilitate payment. Our Service uses tokens to initiate payments through Stripe’s service. If you want your stored card information to be deleted from Stripe, you can do so by cancelling your membership. By signing up to the Service, you also agree to be bound by Stripe’s policies, available at https://stripe.com/au/legal.
47. No refunds will be issued unless we make an error, or we are otherwise legally required to issue a refund. We do not issue refunds for change of mind or non-participation. We do not issue refunds if you cancel your Subscription or course participation after your Fee has been charged. Should any issues arise with regards to payment, you agree to discuss these issues immediately with us.
48. All Fees are in Australian dollars ($AUD).
49. If GST is payable in connection with your Program, all amounts payable under your Program are inclusive of GST. You are solely responsible for any other applicable taxes.
50. We reserve the right to change our payment and fee structure at any time. You will be notified of any changes in fee structure that apply to any active Membership.
Specific terms for Subscription Fees
Clauses 51-54 apply to Subscription Fees only:
51. Our system is setup to automatically initiate payments of Subscription Fees for active memberships at scheduled intervals. If You have an active membership in a Subscription Program and are not currently in a group for a Program Term, our system will automatically charge your Valid Card for the next Program Term then place you into a pool for group assignment.
52. The Subscription Fee is automatically payable for each renewal of your Program Term. You must cancel your membership using the tools on your Account page on or before the Saturday of the last week of your Program term in order to avoid billing of the Subscription Fee for each subsequent Program Term.
53. You authorise and direct us to initiate payment of the Subscription Fee automatically for each Program Term of the Program that you are Subscribed to, until such time as you instruct us to stop charging the Subscription Fee, by way of cancelling or pausing your Subscription.
54. You can stop Subscription Fee charges by pausing or cancelling your Subscription using the tools on your Account page.
AVAILABILITY, USAGE AND UPDATES
55. We may at our sole discretion modify the features of the Service from time to time without prior notice.
56. We do our best to maintain the Service without interruption, but we reserve the right to update the Service and resolve any technical issues, which may cause downtime. If you are experiencing problems please email us at [email protected] and we will respond as fast as possible.
57. We may establish policies and general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
OUR ‘HOUSE RULES’
58. While we encourage creativity and passion in our Programs, we expect all of our members to be respectful. That means acting with common sense and caring for others. This ‘House Rules’ section of our Terms sets out our expectation on member behaviour.
59. When using the Service, you must not engage in any objectionable conduct, including:
a. impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself or your affiliation with any person or entity;
b. acting in a manner which is, at IHSC’s sole discretion, indecent, obscene, threatening, discriminatory, vulgar, harassing, in breach of any confidence, defamatory, offensive, aggressive, antisocial or illegal; or
c. using or attempting to use another member’s account.
60. Your Content will not contain anything that:
a. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
b. is copied or adapted either wholly or substantially from any other work or material;
c. is, at IHSC’s sole discretion, indecent, obscene, threatening, discriminatory, vulgar, harassing, in breach of any confidence, defamatory, offensive, pornographic or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour;
d. parodies, disparages or makes fun of IHSC or its products or Services or IHSC generally in any way;
e. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses;
f. promotes an illegal or unauthorised copy of another person’s copyrighted work;
g. involves the transmission of unsolicited advertising, junk mail, chain letters, unsolicited mass mailing, spam or other commercial solicitation; or
h. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
61. If you breach our house rules, we will take all action which is appropriate and available to us, including:
a. removing content;
b. blocking access to certain features;
c. suspending or terminating an account; and
d. contacting law enforcement.
62. You warrant that:
a. all information you provide to us upon registering for an Account is true, accurate and complete and not misleading;
b. You have the right and authority to create an Account and agree to these Terms;
c. You are authorised to submit Your Content, as applicable;
d. You will not share any content of any other member outside of your assigned group; and
e. You will not submit Your Content or otherwise conduct yourself in breach of our house rules.
LIMITATION OF LIABILITY
63. You agree that you use the Service at your own risk and that we disclaim any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Service. To the maximum extent permitted by law:
a. the Service and any other features or functions associated with the Service are provided "as is" and "as available" with all faults and without warranty;
b. no circumstances will we be liable in any way for any of Your Content or Our Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Service;
c. we do not make any promises or assurances to you about the Service, including without limitation that the Service will be accurate or useful or that your use of the Service will be uninterrupted or error-free;
d. we make no representations or warranties in relation to the accuracy or completeness of the information, administration, advice or other content available on or via the Service and we do not accept any liability in relation to your reliance on such information, advice or other content;
e. we will not be responsible or liable for any loss or damage whatsoever if you meet or interact with any other member outside of the Service; and
f. we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, punitive damages, loss of data, intellectual property infringement or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Service.
64. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any of Your Content and other communications maintained by the Service. The Service is not a backup Service and should not be used as one.
65. While we are fully committed to your success and have structured our Programs to give you the best opportunity to achieve your goals, you acknowledge that our Programs require a mutual commitment and that it is your responsibility to own potential outcomes that emerge. On that basis: (a) our Programs are not advice, management, therapy or counselling; and (b) there is no guarantee you will achieve any specific creative or commercial outcome as a result of your participation in our Programs.
66. We make no representation or warranty that our insurances are sufficient or adequate to provide coverage for any of your acts or omissions in connection with your use of the Service. You are required to maintain your own insurances in respect of your use of the Service as are appropriate for your own circumstances. You acknowledge that you are solely responsible and liable if our insurances do not cover you for any claim, event, occurrence, act, omission or other incident.
67. We will not be responsible or liable in any way for any postponement, cancellation, change, non-attendance or delay of a group session, Program or Service.
68. Nothing in these Terms excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. There are statutory guarantees under consumer protection laws that cannot be excluded. To the extent that any statutory guarantees apply to these Terms, we limit our liability to the maximum extent permitted by law, at our election, to the supply of our services again or the payment of the cost of having our services supplied again.
69. You agree to indemnify, and must defend and hold harmless, IHSC and its related bodies corporate, personnel, officers, employees and agents, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service), including:
a. Your Content;
b. Our Content;
c. your breach of these Terms or any of the warranties or covenants given or made by you;
d. your claim against another member for any reason;
e. any claim by any third party (including any member) arising directly or indirectly from your breach of any of the provisions of these Terms;
f. your violation of any applicable laws, rules or regulations; and
g. any misrepresentation made by you.
70. You agree that you will release us and not pursue any action, legal or otherwise, against us in respect of your use of the Service, and that to the maximum extent permitted by law this provision constitutes a bar to any such actions or proceedings.
71. We own Our Content. Our Content is protected by all applicable laws including copyright and trade mark laws and may not be used by you except as permitted in these Terms. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in Our Content to you. You must not copy, communicate or exploit Our Content for any purpose without our prior written consent.
72. We grant to members a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Our Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of Our Content for any other purpose is expressly prohibited.
73. Our Content is provided for personal use only. You must not sell, license, rent, publish, perform or otherwise use or exploit any of Our Content, or the content of any other member, for commercial use or in any way that violates any third party right.
74. You acknowledge that the Service is provided for members to interact and share content. You own and retain ownership of the copyright in Your Content, however the Content you contribute within your group, along with your public profile, will be available for other group members to view and/or listen to.
75. You grant to us and other members a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive licence to use Your Content for the purpose of using the Service as specified in these Terms.
76. You warrant that:
a. you own the Intellectual Property Rights in Your Content and you have the right to license Your Content to us in the manner set out in these Terms; and
b. Your Content does not contain any representations, information or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, or defamatory.
77. You acknowledge that content submitted to the Service by any other member is owned by that member and the confidential information of that member. You must not use the content submitted by any other member for any purpose (whether personal or commercial) other than for the purpose of participating in the Service as specified in these Terms. Particularly, you are not allowed to copy, record, perform or share another member’s song or work in any manner or context without express written permission.
78. Written or aural suggestions or comments shared by members in relation to another member’s song does not merit any ownership of copyright. If you provide feedback on a group member’s song, for example if you suggest or create a lyric, or melody, or other production idea for their song, you are agreeing that the other group member may use that suggestion or creation without restriction and that you have no copyright in the song, or any part of the song.
79. Any pre-arranged co-writing of songs as part of I Heart Songwriting Club (in person, via live video or otherwise) will automatically assign an equal split of songwriting copyright, unless all contributing songwriters have negotiated something different in writing.
80. You will need to register your songs with your registered collecting society or performance rights association of your region/country to earn royalties for any reproduction or public performance of your songs.
81. You acknowledge that other members may post content that contains adult themes and language that is intended for a mature audience. We take no responsibility for offensive lyrics or comments, but we ask members exercise common sense with regard to sensitivities of other members. We will review any inappropriate content and we may take such action as is available to us under these Terms.
82. You agree that we may use Your Content, together with your name, artist name, image and album artwork for publicity and/or marketing purposes. For example, if you publicly release and share a song you wrote using the Service, we may share it, add it to our playlist, and refer to it in our social media, events, newsletter and website to support your release. We may also ask you for a testimonial or ask you about how you came to write a song in the club and your experience in the club so we can share that alongside your song on our media platforms. We don’t share any of Your Content unless you have publicly shared it first.
84. We may provide your personal information to our commercial partners (for example, Stripe) and financial service providers (for example, a bank, a payment network, or other financial intermediary) to enable us to administer and provide the Service; to facilitate payments; to verify your identity; and to assist us in improving the Service.
86. You are not required to publicly share your email, phone number or address.
87. Words or expressions used in these Terms that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. If GST applies to any supply made under these Terms, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms is exclusive of GST.
88. If our Service is not capable of running as planned for any reason beyond our reasonable control, including because of war, terrorism, state of emergency or disaster (including natural disaster), pandemic, government order, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Service, we reserve the right, in our absolute discretion, to cancel, terminate, modify or suspend our Service.
89. We may at any time change these Terms. We will endeavour to notify you of any change, however it is your responsibility to check if there have been any changes to these Terms each time you use the Service. Your use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
90. These Terms are governed by and are to be construed in accordance with the laws of the State of Queensland and the parties submit to the jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.
91. Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between us and any member.
92. If you are using the Service on behalf of a company or other legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity.
93. These Terms constitute the entire agreement between you and us and supersede any prior agreements between you and us.
94. You will not assign any rights or obligations under these Terms, in whole or in part, to any third party without our prior written consent.
95. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
Account means an account completed by you for your membership and use of the Service.
Administrator means a person engaged by IHSC who facilitates the structure and culture of the Program and who has access to Service management tools in order to assist members with any problems they might have using or accessing the Service.
Club means the I Heart Songwriting Club peer club program.
Content means Our Content and Your Content.
Course (or Courses) means the Adult Songwriting Course, the Kid’s Songwriting Course and any other course or program which we offer for which fees are not payable on a subscription basis.
Course Fee means the upfront fee which is payable for a Course.
Fee means the Course Fee and the Subscription Fee, as the context permits.
Intellectual Property Rights means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
Our Content means the IHSC website, platform and application content and all associated information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, trade marks and interactive features generated, provided, or otherwise made accessible on or through the Service.
Program means a curated songwriting program consisting of tasks, contributions and feedback within program groups, including our Courses and our Subscription Programs.
Program Term means the duration of any of our Programs, including the initial Program Term and any renewed Program Terms, as applicable.
Subscription (or Subscribe) means your access to your selected Subscription Program and your consent to pay your Subscription Fee for the Program Term.
Subscription Fee means the subscription fee which is payable for your Subscription Program.
Subscription Program means the Club and any other program which we offer for which fees are payable on a subscription basis.
Valid Card means a valid Visa, Mastercard or American Express credit or debit card
Your Content means the songs, comments, information, profile, data, text, photographs, videos, audio clips, written posts, comments and creative and literary works which you submit on or through the Service.