Website Terms of Use

Last Updated: November 18, 2013
This Web site located at www.singtrix.com ("this Web site" or "this site") is owned and operated by Sing Trix LLC, a Delaware limited liability company (also referred to as “we”, “us” and “our”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SING TRIX. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEB SITE. 
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. 

USER CONDUCT
You expressly agree that you will not use this Web site or any other Internet services provided by Sing Trix for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account.
Any unauthorized commercial use of this Web site, Sing Trix's servers or Internet infrastructure  is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site as determined by Sing Trix in its sole discretion.

PRIVACY
By using this Web site, you consent to the terms of Sing Trix's Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the bottom of the Sing Trix site, is incorporated into these Terms of Use by reference. You consent to Sing Trix's use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.

Your Account Registration and an account may be necessary to access or participate in some of the features of this Web site.  When you register, you will be asked to provide your name, email address, a user name, a password and such other personal information as is required from time to time (collectively, your “Account”). You represent and warrant that all such information is true and accurate.  We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Web site for any reason in our sole and absolute discretion.

It is important that you remember your password and that you keep it in a safe place offline.  If you forget your password you may not be able to access your Account.  You should not share your password with anyone.  We will use your Account information and password to identify you when you return to the Web site. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify us of any unauthorized use of your Account or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time. We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use of your account and the disclosure of your personal information. You do not own your Account.  Under these Terms of Use, you are granted a limited, personal, non-transferable, non-commercial, revocable license to use your Account to access this Web site.  (See Ownership of Intellectual Property below.)  You may not sell or transfer all or any part of your Account.  You may not use your Account in any way that violates these Terms of Use. We may terminate or suspend your Account and/or access to all or part of this Web site and/or remove any User Created Item (as defined below) if we, in our sole and absolute discretion, determine that you have breached these Terms of Use or any other rule applicable to the Web site or that your conduct violates applicable law or is otherwise harmful to the Web site, other persons or us.  Any such termination or suspension or removal shall be without liability to you.  In addition, we may terminate or suspend your Account and/or access to all or part of this Web site and/or remove any User Created Item if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with this Web site.  We reserve the right to change any or all of the features of and activities available on this Web site at any time without notice.  All such terminations, suspensions, removals and/or changes shall be without any liability to you.

ONLINE SHOPPING
The terms and conditions applicable to any purchase of products through this Web site are available on the Terms and Conditions of Purchase page of this site and are incorporated herein by reference.

USER CREATED ITEMS / COMMENTS / UPLOADS
This Web site may allow you to use features such as forums and chat rooms, that allow you to upload and post comments, concepts, artwork, texts, photographs, videos and other audio and/or visual materials (each a “User Created Items”).  You represent and warrant that you have all approvals, rights, titles and interests in and to all User Created Items you provide and all information they contain which are necessary for you to upload and post and for us to use your User Created Items.

You upload and display all User Created Items at your own risk.  All User Created Items are visible to the entire world through the world wide web.  Sing Trix is not liable for any consequences of any kind which result from or are related to your decision to upload and post User Created Items.

Sing Trix will not assume any obligation to monitor, filter, censor, edit, or regulate User Created Items, although Sing Trix reserves the right to do so in its sole discretion without providing any reason or notice for such action. Sing Trix does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any User Created Item.  Sing Trix will not have any liability to you with respect to any decision to edit or remove any User Created Item or any decision to not edit or remove any User Created Item.

You agree not to upload or post to this Web site any User Created Item which, in Sing Trix’s sole and absolute discretion, (a) is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper; (b) contains viruses, malware or other harmful items; or (c) has a political, promotional or commercial purpose (such as offers to sell products or services; advertisements for groups, products or companies; or solicitations for funds for any organization or cause).

In order to display your User Created Items on the Web site, and allow you to share these with other members, we need certain rights from you:  By uploading or otherwise submitting any User Created Items to the Web site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Sing Trix a royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials in all forms now known or hereafter invented (whether electronic or not). In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived for the purposes of our use of such materials.  Without limiting the foregoing, you hereby grant to Sing Trix the right to use and change the User Created Items in any manner that Sing Trix may determine. There is no contract, implied or otherwise, that we will compensate you for the use of any User Created Items submitted by you and, pursuant to the foregoing, we will not compensate you for any such use.

Sing Trix reserves the right, in its sole discretion, to adopt additional rules with respect to any feature of this Web site which permits the uploading and posting of User Created Items and to condition access to any such feature by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time.

Product Concepts/Unsolicited Submissions/Fan Feedback
Sing Trix does not accept unsolicited ideas, concepts, proposals or other submissions with respect to its existing or any new products.   By submitting any ideas, concepts, proposals or other submissions with respect to Sing Trix’s existing products or any new product, even if done in response to a request for feedback on a product from fans, you automatically grant (or warrant that the owner of such rights has expressly granted) to Sing Trix a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your submission or incorporate your submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your submission have been waived and that Sing Trix has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent.  There is no contract, implied or otherwise, that Sing Trix will compensate you for the use of your submission and, pursuant to the foregoing, Sing Trix will not compensate you for any such use.

Contests, Sweepstakes, Electronic Postcards, Newsletters And Other Activities
From time to time Sing Trix may offer you the ability to participate in contests, sweepstakes, electronic postcards, or other activities.  Sing Trix may provide additional rules of participation for those activities.  Any such additional rules incorporate these Terms of Use by this reference and all activities shall be subject to these Terms of Use.  To the extent that any conflict exists between these Terms of Use and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.

Ownership of Intellectual Property/Restrictions on Use
This section applies to everything on or in this Web site which is not a User Created Item.

All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through this Web site (the "Materials") are the property of Sing Trix or of third parties and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. 

These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Web site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Web site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to this Web site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest.  As between you and Sing Trix, all rights in the Materials and the Web site are reserved to Sing Trix.

The following applies to all portions of the Web site which are downloaded by you:  Sing Trix hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Web site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Web site and/or Sing Trix, provided that "Copyright 2013 Sing Trix, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of Sing Trix's copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Sing Trix’s express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of your Account from the Web site, and may subject you to civil liability and criminal prosecution under applicable federal and state laws. Sing Trix respects the intellectual property of others, and we ask our users to do the same. Sing Trix may, in its sole and absolute discretion, terminate the Accounts of users who infringe the intellectual property rights of others.  If you believe that the Web site contains elements that infringe your copyrights in your work, please follow the procedures below in Copyright Sing Trix's Procedure for Making Claims of Copyright Infringement.

No Endorsement or Association
No endorsement of Singtrix or association with Singtrix by Activision or any recording or performance artist or group is expressed or implied by any of the material on this Site or in or on the Singtrix product.

Disclaimers/Limitation of Liability
THIS WEB SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SING TRIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SING TRIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SING TRIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE THIS WEB SITE OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.  YOU, NOT SING TRIX, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT THAT YOU COMMUNICATE WITH SING TRIX’S CUSTOMER SERVICE DEPARTMENT OR A SING TRIX REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SING TRIX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEB SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEB SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SING TRIX, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER SING TRIX IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL SING TRIX HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Links/Liking
This Web site may contain links to other web sites operated by third parties, including buttons which allow you to like or dislike a particular product or feature. The linked sites are not under the control of Sing Trix, and Sing Trix is not responsible for the content available on any other web sites linked to this Web site. Such links do not imply Sing Trix's endorsement of material on any other web site and Sing Trix disclaims all liability with regard to your access to such linked web sites. Sing Trix provides links to other web sites as a convenience to users and access to any other web sites linked to this Web site is at your own risk and is subject to that web site’s terms of use and privacy policy.

Emails
You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from Sing Trix as though such email or other electronic communication and all of its content were a page of this Web site.

Store Locator
To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.

Ads And Malware
We take great care and pride in creating this Web site. We are always on the lookout for technical glitches that effect how the Web site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Web site and that is beyond our control. If you experience any unusual behavior, content or ads on the Web site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Web site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Web site and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.

Denial Of Access
Sing Trix, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Web site. The sending of an email notice by Sing Trix to any email address associated with an Account subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Web site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Web site, without Sing Trix having to post any bond or surety therefor.

Termination
If you are dissatisfied with any portion of the service, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Web site. Subject to any applicable terms and conditions, and upon appropriate notice, a refund of some or all pre-payment for services may be made by Sing Trix.

This agreement is effective until terminated by either party. You may ask us to end your login account to this Web site at any time by e-mailing info@singtrix.com. (You will be required to provide your member name and password.) This agreement will terminate immediately without notice from Sing Trix if you fail to comply with these Terms of Use.

Copyright
General Copyright Provisions: You should assume that everything you see or read on this Web site, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. Sing Trix does not warrant or represent that your use of materials displayed on this Web site will not infringe rights of third parties whom are not owned or affiliated with Sing Trix. Images are either Sing Trix's property or used by Sing Trix with another party's permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.

Sing Trix's Procedure for Making Claims of Copyright Infringement: Sing Trix respects the intellectual property of others, and we ask that those posting to this site do the same. If you believe that your copyrighted work has been copied, and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • location where the original or an authorized copy of the copyrighted work exists, such as the URL of the web site where it is originally posted or the name of the book in which it has been published.
  • location of the specific URL or other location on this site where the material that you claim is infringing is located (please provide as much information as possible to allow us to locate the material).
  • your name, address, telephone number, and email address.
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Contact information for our agent for notice of claims of copyright infringement on this site:
Sing Trix, LLC
118 W 22nd Street
New York, NY 10011
Attn: Singtrix Copyright Division
Phone: 212.807.9700 Email: info@singtrix.com
(Subject Line: Singtrix Copyright Division)

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web site are registered and unregistered trademarks of Sing Trix, its affiliates and others. Your misuse of the Trademarks displayed on this Web site, or any other content on this Web site, except as provided herein, is strictly prohibited. Nothing contained on this Web site should be construed as granting any license or right to use any Trademark displayed on this Web site without the written permission of Sing Trix or such third party that may own the Trademark.

INDEMIFICATION
You agree to indemnify, defend and hold harmless Sing Trix, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or any person using your Account. Sing Trix reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sing Trix in asserting any available defenses.

JURISDICTION
The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the State of New Jersey. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  Notwithstanding the foregoing, Sing Trix shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.
If you use this Web site from other locations you are responsible for compliance with local laws and regulations. Sing Trix products are available in many parts of the world; however, this Web site may describe products that are not available in your jurisdiction.

MODIFICATION OF TERMS
Sing Trix may at any time revise these Terms of Use by updating the same at this Web site without prior notice. Your continued use of this Web site after such changes are posted will constitute your acceptance of such changes.

GENERAL
This agreement constitutes the entire agreement between you and Sing Trix with respect to this Web site and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and Sing Trix. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Web site or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is per