Terms of service

Custom Dog Songs Terms of Use

1. Acceptance

These Terms of Use shall govern over all services provided by Custom Dog Songs, and may be revised from time to time without notice to you.  By using our website customdogsongs.com (“Website”) and/or engaging any of our services, you are consenting to these Terms of Use.  The information found on our websites and on our entire work product shall be considered our Intellectual Property (“IP”) for the purposes of these Terms of Use.  

2. Access

Custom Dog Songs hereby grants you access to use our IP as set forth herein, provided that such use is for personal use, and that the IP will not be copied or distributed, in whole or in part, without the express written consent of Custom Dog Songs.

By accessing this Website and any of our IP, you are representing that you are of legal age to enter a binding contract, and that there are no statutory or legal reasons that preclude you from entering this contract. You also represent that all the information you provide is true, accurate and complete, and that if anything changes in your personal information you will advise Custom Dog Songs so that we may update our records accordingly.  Failure to comply with this provision may be grounds for termination of this contact at our sole discretion.

By accessing our Website and IP you agree not to collect any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other information.

3. Payment Terms 
• Fees: The fee for our services, products or other offering is specified on the page on our Website where you purchase the applicable product or service. You agree to pay all amounts due in accordance with the payment terms in effect at the time of purchase, including any applicable service, transaction, or processing fees.  All fees are due at the time of order placement.
• Currency: All transactions are conducted in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD.
• Payment: You may purchase a service or product by using a valid payment card with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Your use of your payment card is governed by your agreement with and the privacy policy of the applicable payment card, not these terms.
• Refunds and Revisions: Custom Dog Songs offers a satisfaction guarantee.  If you are not fully satisfied with the service or product you purchased, Custom Dog Songs will issue a full refund, exclusive of any fees charged by credit card or currency exchange.  You are entitled to request revisions two times after we have delivered your product, and we will endeavor to accommodate your revision requests to the best of our ability.

 

4. Intellectual Property Rights

The products delivered by Custom Dog Songs, and the content created for our Website, including without limitation, the text, graphics, and photos created by and for the Website (“Content”), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Custom Dog Songs, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions.  All content on the website is provided to you AS IS, for your information and for your personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the express written consent of Custom Dog Songs, or as expressly provided in these Terms of Use.  We reserve all rights not expressly granted in and to the website and the Content contained therein.

When you receive a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively the “Master”), you receive a limited license to use the Master solely for personal use.  You shall have no right to copy, sell, lease, publicly perform, license or otherwise grant right in and to the Master.  No ownership or rights of any sort in and to the Master shall be transferred, assigned, sold to the user through the purchase of the Master via the Website.  Custom Dog Songs may, upon request, at its sole discretion, and for an additional fee, grant a user additional rights to share the Master solely through mechanisms (such as embedding) or uploading the Master for distribution on certain streaming services.  

5. Termination

Either party may terminate this agreement for any reason or for no reason, with a 14-day notice.  In the event you terminate this agreement for any reason other than breach of contract by Custom Dog Songs, after paying the fee for the service but before receiving the final product, Custom Dog Songs shall have the right to offset any fee returns with costs incurred by Custom Dog Songs as a result of the engagement.  Furthermore, you agree that all terminations for cause shall be made at Custom Dog Songs’ sole discretion, and that Custom Dog Songs will not be liable to you or any third party for the termination of your account.  Upon termination, Custom Dog Songs will close your account, and you will no longer have access to any account privileges.

6. Warranty Disclaimer

NOTWISHTANDING THE SATISFACTION GUARANTEE PROVIDED UNDER “REFUNDS AND REVISIONS” IN PARAGRAPH 3, ABOVE, PRODUCTS AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SELLER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred or $2,000, whichever is less. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

8. Indemnity

You agree to defend, indemnify and hold harmless Custom Dog Songs, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Custom Dog Songs, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of our products and services; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive these Terms of Use and your use of the Website.  This indemnity obligation is not subject to the limitation of liability provided under paragraph 7, above.

9. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Custom Dog Songs without restriction.

10. Validity

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Custom Dog Songs’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Custom Dog Songs reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice.  You agree that any cause of action arising out of or related to your use of our product or services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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