Terms of Service

IMPORTANT - READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILISING I HEART SONGWRITING CLUB SERVICE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Welcome to I Heart Songwriting Club Service and Website (collectively, the "Service"). Your use of the Service is subject to these Terms of Service and I Heart Songwriting Club’s Privacy Policy (collectively, the “Agreement”). If You do not agree with the Terms of this Agreement, do not use the Service. I Heart Songwriting Club reserves the right to update and change this Agreement from time to time without notice or acceptance by You. By using the Service, You signify Your irrevocable acceptance of this Agreement. The Website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. I Heart Songwriting Club has the right to Terminate a User’s access to the Service, at its discretion, without notice.

A Definitions:

Account - a collection of data used to to record information about a User in order to provide them with access to the Service and Website provided by I Heart Songwriting Club, through which the User may use I Heart Songwriting Club to create, update, share, and publish information, data, text, messages or other materials ("User Content"). Administrator - A person or employee of Seat 7A who has access to Service management tools in order to assist Users with any problems they might have using or accessing the Service. Charge - a credit or debit card payment requested by our system to our Payment Provider as authorised by You for one of the Services we offer. Community - the interaction of Members on our Site. Group - the assigned Members that You interact with on the Service for the agreed Term of Subscription. I Heart Songwriting Club - means an online Website consisting of a community of Users to support other Users to be engaged in songwriting for a Term and includes Seat 7A, www.iheartsongwritingclub.com and subdomains, its wholly owned Websites, the elements of the Website, its design, proprietary methodology, the operation of I Heart Songwriting Club's business and its assignees. Members/Users - Any person with an account on I Heart Songwriting Club, the person undertaking the agreement. Users must be over 15 years old. Objectionable Conduct - Refer to the Appendix below Objectionable Content - Refer to the Appendix below Payment Provider - A third party that provides payment processing Services and who we share some information with for the purposes of performing card charges. Personal Information - any information about You including, but not limited to, name, email address and location or information that Facebook and Google shares with us, for the purposes of identifying You to provide the Service. Profile - Information relating to a User’s account that is visible to other Members on our Website, this includes, but not limited to a display name, profile picture, totals of participation level, such as number of comments and submission, by the User. Program - The curated Weekly assignments that Users can participate in a Term of, for example, our Songwriting Program. Purchaser - the person who is purchasing a Subscription for a User, and is undertaking the provisions of the Agreement which are stated to apply to a Purchaser. Service - Access to the I Heart Songwriting Club Website to connect and support Users in their participation in a Program, as described in section B. Subscription - An agreement by Users of their expected participation in our club. An active Subscription is an indication to us that the User expects their card to be Charged at the agreed upon times. Term - an agreed length of time of active participation in a Program using our Service. Us/We - I Heart Songwriting Club. User Content - Includes, but is not limited to User submissions, comments, feedback, photos, text, files, User profiles, and User accounts. Website/Site - www.iheartsongwritingclub.com and all subdomains, for example, share.iheartsongwritingclub.com Week - I Heart Songwriting Club Week runs from Thursday – Wednesday. You - any individual who creates an account on the Service. Specifically, this means You, the person undertaking the agreement.

B Description of Service:

The Service includes, and is limited to, a Service and Website that allows You access to and use of a single I Heart Songwriting Club Account. I Heart Songwriting Club requires a contribution of Members to make the community space thrive. The community requires regular contribution from its Members. This is not a paid service for song critique or feedback. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, I Heart Songwriting Club grants to You and each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from Us. You shall not sell, license, rent, publish, perform or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include certain communications from I Heart Songwriting Club, such as songwriting task emails, notification emails, Service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by I Heart Songwriting Club for use in accessing the Service. I Heart Songwriting Club will provide the Service in accordance with this Agreement. I Heart Songwriting Club may at its sole discretion modify the features of the Service from time to time without prior notice. This Website/Service is intended solely for Users who are fifteen (15) years of age or older. Any registration by, use of, or access to the Site by anyone under 15 is unauthorised, and violates this Agreement. Warning: Some Users may post content that contain themes and language that still fall within our terms of service but are intended for a mature audience. If you under the age of 18, you must obtain your parent or guardian’s permission before becoming a Member and using the Service. If you are not over the age of 18 and do not have your parent or guardian’s permission, and/or you do not agree to all the terms of service, you may not use our Service. We do our best to provide error free Service but from time to time it is possible that something may go wrong. In the event that You are experiencing problems please send an email for support, we will respond as fast as possible.

C Subscriptions and Payment:

An active Subscription is an agreement by the User that they want to take part in a new Term, either the next available or, if they are in currently in a Term, the next available after they have completed their current Term. The User agrees that an active Subscription is their authorisation for our system to automatically Charge their card at the indicated times. An active Subscription is required, and a Charge made, in order to be assigned a Group for a Term. In order for a User to create an active Subscription they must either;
  • subscribe using a credit or debit card through our Subscription page; or
  • by redemption of a valid coupon; or
  • be offered a complimentary Subscription as part of a promotion or other arrangement.
When a new Subscription is created the User’s card is not Charged immediately. Cards are Charged as per the section below “Charges”. Users are not assigned to a Group immediately after Subscribing or after their card has been Charged, see the section “Group assignment”. Users are responsible for managing their Subscription using tools provided via the User’s Account page. Management includes pausing and cancelling the User’s Subscription to avoid being Charged. See the sections below “Subscription cancellation” and “Pausing a Subscription” for more information. The rate and feature the User Subscribes to are listed on the Subscription page during the Subscription process. Estimated rates and features are listed on the I Heart Songwriting Club Website, on the Subscription page. Subscription information, including individual transaction records, is made available to User’s via their account page on our Website. You are always in complete control of Your Subscription. You can Pause and Cancel Your Subscription at any time. You can re-subscribe if You cancel. Payment details Payment details, such as credit or debit card information, are never stored by our system. Payment details are transmitted directly to our third party Payment Provider over a secure connection via the User’s browser. Our servers communicate with our Payment Provider’s servers when a Charge needs to be made using a unique token. Subscription cancellation Subscriptions will continue to remain active unless:
  • consecutive Charge attempts (as determined by us, currently 3) fail; or
  • the Subscription has an assigned expiry date, on which the Subscription will automatically be cancelled by our system; or
  • the Subscription is cancelled by the User or an Administrator.
When a Subscription is cancelled it becomes inactive and any of the details associated with the User to link their Account with our Payment Provider’s payment process are discarded. Our system communicates this removal with our Payment Provider and instructs them to remove the record as well. This means that an inactive Subscription is rendered unusable. If a User wants to re-subscribe they must do so by following the Subscription process again to set up a new Subscription. Description of Subscription I Heart Songwriting Club collects a Subscription Fee for access to each Term or a Program. Fees are non refundable. Taxes may also be Charged. I Heart Songwriting Club reserves the right to change its payment and fee structure at any time. You will be notified of any changes in fee structure that apply to any active Subscription. Creating a Subscription means You agree to allow our system to Charge Your credit or debit card for each Term You will be part of. An active Subscription means You are active in the system for assignment to a Group, already assigned a Group and/or have not indicated to cancel or pause Your Subscription. An active Subscription requires Your credit and debit card details and authorisation to Charge Your card. Charges A Charge is made and associated with a Subscription to buy the User access to a new Term as indicated at Subscription time. Once a Charge has been made the User’s access to the Site will persist regardless of whether the Subscription remains active. Charge amounts The Charge amount is determined by the Subscription chosen by the User at the time the Subscription is created. Automated Charges Our system is setup to automatically initiate Charges for active Subscription at scheduled intervals. Charges are made through our Payment Provider. If You have an active Subscription and are not currently in a Group for a Term, and have not already been Charged for a new Term, our system will automatically Charge Your credit or debit card the Subscription amount for the next Term then place You into a pool for Group assignment. The Purchaser acknowledges, agrees and authorises I Heart Songwriting Club to initiate a Charge, automatically for each Term of the Program that the User is subscribed to, until such time as Purchaser instructs I Heart Songwriting Club, to stop the Charges by way of cancelling or pausing their Subscription. Charges can be stopped from the Subscription page (accessible via the User’s Account page and selecting on the Subscription to modify) at share.iheartsongwritingclub.com and by selecting pause or cancel Subscription. Errors in Charges While we have taken all measures to ensure that our system will correctly initiate a Charges to Your card correctly, in the case that there is an error:
  • If we notice the error we will correct the error, be it an adjustment in amount or a refund, and contact You by email to notify You.
  • If You notice an error please contact us by email to discuss the problem. We will look at our records and logs to determine the nature of the issue.
Refunds We do not give refunds unless You have been incorrectly Charged by our system. If this is the case or You feel You are entitled to a refund please contact us by email and tell us why. Once Your card has been Charged for a Subscription there is no refund given if You change Your mind or do not participate in the Group. The User agrees that access to Terms are non-refundable in the event that the User chooses to cancel his/her Subscription after Charges have been made. No refund will be made in the event of Termination of the User’s Account due to a violation of the Terms of Service. Subscription Cancellations You can cancel an active Subscription at any time. Doing so will render the Subscription inactive immediately. This includes removing the information associated with Your payment details with our Payment Provider. If You are already in a Group and cancel Your Subscription You will still have access to Your Group since our system pre-Charges for the whole Term. Your access to past Groups does not require an active Subscription. At the end of the Term, if You choose to not continue with the Program, You will need to manage Your Subscription in Your account details on the platform before Your Subscription rolls over and Your card is Charged. Cancelling a Subscription voids any coupons or promotional deals associated with the Subscription. To avoid losing these consider pausing the Subscription. If You have Cancelled Your Subscription and You want to be assigned a Group for a new Term, You will need to re-subscribe through the Website. Pausing a Subscription A Subscription can be paused to prevent Charges from occurring until a future date. A Subscription should be paused, rather than cancelled, if the User does not want their payment information to be removed or if they do not want to lose any of the benefits associated with that particular Subscription. For example, if the User has a free or discounted Subscription, pausing the Subscription allows the User to maintain the associated benefits. If You have paused Your Subscription and want to be assigned to a Group You will need to resume Your Subscription on the Subscription page or wait until the pause expiration. Concurrent Programs You can only be assigned one Group per Program each Term at a time. Payment Handler I Heart Songwriting Club uses a third party Payment Provider, Stripe (https://stripe.com), to process payments. I Heart Songwriting Club does not store credit or debit card information on its own servers and we can never see Your card details. Our Website uses tokens to initiate Charges through Stripe’s Service. Your credit or debit card information is securely stored by Stripe and associated with Your Account in order to facilitate Subscription Charges. If You want Your stored card information to be deleted from Stripe, You can do so by cancelling Your Subscription. By Subscribing to I Heart Songwriting Club, You also agree to be bound by Stripe’s policies, available at https://stripe.com/au/legal. Currency All currencies displayed on the I Heart Songwriting Club Website are in Australian dollars (AUD). Grouping Users are assigned to a Group to participate in a Term. The Group that a User is assigned to is able to view/listen to the User’s Content within that Group, including User Weekly Submissions, comments, and some of the User’s activity indicators, such as whether the User is presently on a page or has viewed/listened and provided feedback to another User’s Submission. Group size The Group size that a User is in may vary from Term to Term. Typically the Group size is between 7 to 11 people. In some circumstances a Group may be created with 6 or 12 Users to ensure people can start as soon as possible. Group assignment Users who are yet to be assigned to a Group, are assigned on Thursday at the scheduled Group assignment time as determined by Us. We will notify Users via email when they have been assigned a Group. Our system will automatically attempt to assign Users to a Group from a pool of Users who have previously had their Subscription successfully processed. While we make our best efforts to make our grouping algorithm work so that as many Users are Grouped each Week as possible, Users are not guaranteed Group assignment when our system performs Grouping. This can be due to a number of reasons, such as:
  • we do not have enough people to make up the minimum Group size that Week; or
  • our system Grouping algorithm is unable to find a solution to Group some Users due to one of the applied constraints.
If a User is not assigned a Group one Week they will need to wait for the following Week. If You are not assigned a Group following a Charge after more than 2 consecutive Weeks, please contact Us. Grouping preference At the end of a Term, Users have the ability to set their preference to either stay with the current Group or to be placed into a Group with other Users. There is no guarantee that this preference will be met. Custom Groups We provide manual functionality for Users to create custom Groups. This allows Users to create or join a Group of people prior to a Term starting. Custom Groups allow Users to decide some of the people they want to participate in a Term with. Users will not be assigned to a custom Group that they have joined if their Subscription cannot be processed prior to our system’s scheduled Grouping time. Subsequently, other Users in the custom Group may not be in Your Group if their Subscription is unable to be processed. Users part of a custom Group who have not been successfully Charged (i.e. they have not paid for a new term) will be removed from the Custom Group list during our system’s Group processing. If a custom Group only has one User, or results in one User during Group processing due to the points above, the single User will be processed as part of the main pool and will be assigned to a Group at random. To create a custom group, Users need to email [email protected]

D Responsibility of Members and Access to Member Content:

I Heart Songwriting Club is a community space for songwriters to be held accountable, be motivated, be supported to songwrite every single Week. The survival of the community requires regular contribution from it’s Members. To receive the best experience from the I Heart Songwriting Club, it is strongly recommended that each Member commit to a minimum of 1.5 hour per Week for I Heart Songwriting Club in each active Subscription. This allocated time is chosen by the Member. Each Member is recommended to schedule a 1 hour block of time each Week for creating and submitting their Content and 30 mins per Week for feedback on Group Member Content. Access to Member Content is via our Service and Website only. Your Submission must to be directly uploaded to our Website. Not doing so, and linking to other external services including but not limited to Soundcloud, YouTube and Spotify to view your submission is not correct use of the site and may result in account termination. Ensure You upload Content by following the instructions on the Site and click “publish” in order to make it viewable to other Members in Your Group. You agree to listen to other Member’s songs in private so that no people other than assigned Group Members can hear or view Content submitted to I Heart Songwriting Club. All Content remains on the I Heart Songwriting Club Site permanently. Please be mindful of the Content You choose to share with other Members and information You share about You on the Site. Your Subscription status is either Active, Cancelled or Paused. If You have been assigned a Group, the withdrawal of Your contribution of Content to the Group will affect the dynamic of the Community. Content will remain copyright of the User. Written or aural suggestions or comments shared by other Members in relation to another User’s Content does not merit any ownership of copyright. 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. No royalties are earned or payable to songwriters for songs shared as part of I Heart Songwriting Club. Songwriters will need to register their songs with their registered performance rights association of their region/country to earn royalties for any public performance of their songs. Contact Your performance rights association for more information on this and Your requirements for Membership of the performance rights association. Without written permission from the songwriter, no Member is allowed to record, perform or share another Member’s song in public. I Heart Songwriting Club assumes no responsibility for the performance of songs in a live space. Within I Heart Songwriting Club, Members are encouraged to be free and create, sometimes there may be comments and lyrics that are an expression of their art. Subject to section L of this Agreement, we take no responsibility for offensive lyrics or comments, but we ask Members exercise common sense with regard to sensitivities of other Members in the Group. Recognising the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which You reside. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by I Heart Songwriting Club. Users
  • When creating Your Account, or submitting Content, You must provide true, accurate and complete information.
  • You are solely responsible for the activity that occurs on Your Profile, and You must keep Your User password secure.
  • You agree not to use the Website or Services to impersonate any person or entity, or falsely state or otherwise misrepresent Yourself or Your affiliation with any person or entity.
  • You must notify I Heart Songwriting Club immediately of any breach of security or unauthorised use of Your Account.
  • You must not another User’s Account.
  • While I Heart Songwriting Club will not be liable for Your losses caused by any unauthorised use of Your Account, You may be liable to others if Your Account is used in violation of these Terms of Service.
  • Users agree that I Heart Songwriting Club reserves the right to use any public information in Your Account, this information may be used for internal or external, publicity, and/or marketing purposes. The content, including pictures or sound bites remain under the Ownership of the User. I Heart Songwriting Club will never share or distribute Your personal, private details (such as Your email address) to a third party.
  • Users understand that some of the information they provide will be available to other Users, and acknowledge that its accuracy is relied upon by other Users.
  • I Heart Songwriting Club may remove or edit any Accounts or Products.
  • I Heart Songwriting Club may refuse any individual access to the Site and it’s Services.
  • By submitting Content You guarantee that You own it before sharing it with other Users.
  • A Member has no rights or ownership over any of the materials any other Member submits, or any financial gain that is derived through them, and will not use them for their own personal use or for financial or commercial gain.
  • Users agree that third parties are not bound by this agreement. Therefore Users will not assign any rights to third parties who have not accepted these Terms.
  • All Users agree that I Heart Songwriting Club is not responsible for any Content shared on the I Heart Songwriting Club platform. I Heart Songwriting Club does not verify any information on User’s Profiles or Content. I Heart Songwriting Club does not purport to verify information provided by Users, or conduct background checks on Users.
  • Users interact with each other at their own risk. We don't encourage sharing of personal information. You are not required to publicly share your email, phone number or address and you are not required to meet any member in person. We don’t recommend organising your own meet ups. We hold official event and we will send members invitation to attend.
Conditions You are free to visit and use the Website and Services provided You agree to abide by the following conditions:
  1. You will not use the Website or Services to partake in or support any illegal activities, in any jurisdiction.
  2. You will not copy or distribute any part of the Website or Services in any medium without prior written authorisation- this includes screenshots or duplication of I Heart Songwriting Club Content or User Content.
  3. You will comply with all conditions and Terms in this Agreement, failure to do so will cause I Heart Songwriting Club to delete Your account without notice or explanation.
  4. You will not harvest any personally identifiable information, including but not limited to, names, profile pictures, contact details.
  5. You will not use provided communication systems for any solicitation of commercial purposes, or unauthorised advertising or promotional materials. I.e., “Spam” or “Junk”.
  6. You will provide accurate details on Your Account and personal information to the best of Your ability.
I Heart Songwriting Club maintains the right to monitor all activity on the Website and can, without notice or explanation remove Users. Data loss You agree that I Heart Songwriting Club has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. The Service is not a backup Service and should not be used as one. The User is responsible for maintaining backups of their own works and User Content. Use of the Service You acknowledge that I Heart Songwriting Club may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. I Heart Songwriting Club retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You agree that You will not:
  1. upload, post, email, or otherwise transmit any computer routines, files or Programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. interfere with or disrupt our Service or networks connected to our Website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our Website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding;
  3. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
  4. copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our Website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of I Heart Songwriting Club or any other third party, except with the prior written consent of I Heart Songwriting Club or the appropriate third party.

E Privacy:

See our privacy statement.

F Agreement:

These Terms represent the entire agreement between I Heart Songwriting Club and its Users. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding. Users may not assign or transfer any of his or her rights under this agreement, or delegate the performance of any of his or her duties hereunder. Nothing in this agreement constitutes an employment relationship between I Heart Songwriting Club and its Users. I Heart Songwriting Club reserves the right to discontinue or modify any of the information contained on this Service, or the Service, at any time. I Heart Songwriting Club has the right to modify these Terms of Service at any time. This agreement will be governed by the laws of the Australia. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The User agrees to comply with all applicable laws in using this Service or the Materials. Users agree to these Terms by visiting I Heart Songwriting Club.

G Copyright Notice:

Copyright © 2018, I Heart Songwriting Club. All rights reserved. Reproduction of any material is prohibited. Permission to use all documents and related graphics and any other material from this Website is subject to these Terms of Service. Intellectual Property Rights The content on the I Heart Songwriting Club Website, including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, Service marks and logos contained therein, are owned by or licensed to I Heart Songwriting Club, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Site is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. I Heart Songwriting Club reserves all rights not expressly granted in and to the Site and the content. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Service or the Content therein.

H Content/Copyright:

I Heart Songwriting Club does not claim any rights to a User's music other than:
  1. the right to display it in on our Websites for the purpose as agreed upon within this document;
  2. the right to share Your personal or page posts on Your social media platforms that demonstrate songs written as part of I Heart Songwriting Club, if you request that we do via one of our Site sharing features; or
  3. the rights set forth below.
Users agree not to use I Heart Songwriting Club to exchange or post content that is copyrighted or that is otherwise illegally transferred. I Heart Songwriting Club reserves the right to suspend or otherwise Terminate content exchanges it believes infringe on rights of others under copyright law or other applicable law. By uploading content to the I Heart Songwriting Club Site, You grant I Heart Songwriting Club worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive, perpetual, license(s) to use and publicly display such content on the I Heart Songwriting Club Site.

I No Endorsement:

Reference to any products, Services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by I Heart Songwriting Club.

J I Heart Songwriting Club Proprietary Elements:

I Heart Songwriting Club provides this Site for the facilitation of sharing songs and feedback/support to Members. The User is not permitted to commercially exploit I Heart Songwriting Club. The User may not copy, reverse engineer, translate, port, modify, or make derivative works. The User may not rent, disclose, publish, sell, assign, lease, sublicense, market, or I Heart Songwriting Club or its elements. The User may not derive or attempt to derive the source code or structure of all or any portion of I Heart Songwriting Club by reverse engineering, disassembly, decompilation, or any other means. The User will not alter or remove any copyright notice or proprietary legend contained in or on I Heart Songwriting Club.

K Disclaimer of Liability:

The User of this system assumes all responsibility and risk for the use of the Site and the internet generally. I Heart Songwriting Club and its affiliates disclaim all warranties, representations, or endorsements, express or implied, with regard to the Site, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non infringement. I Heart Songwriting Club does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of this Site. I Heart Songwriting Club will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the Site. If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then I Heart Songwriting Club’s maximum liability for any type of damages shall be limited to AUD $100.00.

L Objectionable Content and Conduct:

Objectionable Content: Any content deemed to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libellous, or otherwise deemed, in the sole discretion of I Heart Songwriting Club, to be objectionable or incompatible with these Terms of Use and/or the goals of I Heart Songwriting Club. If I Heart Songwriting Club learns of content like this, appropriate action will be taken - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. Objectionable Conduct: Any conduct deemed to be objectionable, including: uploading any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; uploading submissions that Users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonating any person or entity, or falsely stating or otherwise misrepresenting themselves or their affiliation with any person or entity; uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation; uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or Programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidating or harassing another User; using or attempting to use another User's account, Service or system without prior written authorisation from I Heart Songwriting Club; maintaining more than one User account; uploading files on another's behalf; or creating a false identity on the I Heart Songwriting Club Website. If I Heart Songwriting Club learns of conduct like this, appropriate action will be taken - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.