Terms of Service
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 - 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.
- 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.
- 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.
- 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.
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.
- You will not use the Website or Services to partake in or support any illegal activities, in any jurisdiction.
- 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.
- 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.
- You will not harvest any personally identifiable information, including but not limited to, names, profile pictures, contact details.
- You will not use provided communication systems for any solicitation of commercial purposes, or unauthorised advertising or promotional materials. I.e., “Spam” or “Junk”.
- You will provide accurate details on Your Account and personal information to the best of Your ability.
- 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;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
- 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 © 2017, 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:
- the right to display it in on our Websites for the purpose as agreed upon within this document;
- 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
- the rights set forth below.
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 noninfringement. 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.