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Terms Of Service – Songbird.legal 

Hemmat Interactive, Inc., a Delaware corporation and its affiliates (collectively, “Interactive“) provide this website to you, subject to these terms of service (“Terms”). The Terms constitute a legal agreement between you and Interactive and govern all use of this website, including all content, information, and services provided on the website. Access to and use of any other site, product or service, including those referenced herein or linked to from this site, are governed by the terms of the subscriber agreement or other agreement related to that service or site. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site. 

Privacy 

Please review our privacy statement for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website. 

Patents, Copyrights and Trademarks 

The technology and content provided on this website are owned by or licensed to Interactive and protected by United States and international intellectual property laws. Interactive and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced sites, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this site are trademarks of Interactive and or its affiliates or licensors.  

Unless permitted in writing by another agreement between you and Interactive, no part of this website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without Interactive’s prior written consent. Please consult notices and terms for individual products and services referenced herein. 

Materials in this website are provided “as is” without warranty of any kind, express or implied, and all such warranties are hereby disclaimed. 

License 

By offering this website for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, Interactive does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. 

Usage Restrictions 

By accessing, browsing, or using this website, you agree to the following restrictions: 

Disclaimer of warranties and limitation of liability 

Interactive provides this website “as is,” without warranty of any kind, express or implied, including, but not limited to: 

By accessing, browsing, or using this website, you acknowledge that 

In no event will Interactive be liable, in contract, tort, strict liability, or otherwise, for 

No legal advice 

The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use the content, information, and services on this website at your own risk. 

Advertisers 

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. Interactive is not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors. 

Links to third party sites 

This Site may provide links to other third-party World Wide Web sites or resources. Interactive makes no representations whatsoever about any other web site which you may access through this Site. Because Interactive has no control over such sites and resources, you acknowledge and agree that Interactive is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Interactive makes no representation or warranty as to any third party Content, products or services, and you agree that Interactive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource. 

Web forums 

Interactive may monitor some web forums containing user generated content and does not monitor others. Monitored web forums are moderated and messages are screened for inappropriate content. Please be advised that web forum content is the sole responsibility of the person supplying the content, and Interactive assumes no responsibility to control such content. Opinions expressed on Interactive web forums and in any corresponding comments are the personal opinions of the original authors, and not necessarily that of Interactive. Except for private web forums, which are governed under a separate Non-disclosure Agreement, all user generated content posted or submitted to a web forum shall be treated as Non-confidential Information as outlined above. Web forums may include additional terms, which take precedence over these terms. 

Registration and account information 

Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately. 

Termination 

You acknowledge and agree that Interactive, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, Interactive shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website. 

Indemnification 

You agree to indemnify, defend, and hold Interactive and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you. 

Governing law and jurisdiction 

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Seattle, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 

WAIVER OF CLASS ACTIONS 

You and Interactive agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any App or our website(s)); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 

By agreeing to these Terms, you agree to resolve any and all disputes with Interactive as follows: 

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Interactive at [email protected]. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with interactive, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. 

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our app or our website(s) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules or the JAMS Comprehensive Arbitration Rules depending on the value of the claim, in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to Hemmat at 1209 Orange Street, Wilmington, DE 19801, Attention: Legal Department. 

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Interactive will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Interactive will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. 

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Washington, United States of America. You and Interactive further agree to submit to the personal jurisdiction of any federal or state court in Seattle Washington in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND INTERACTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Interactive also will not be bound by them. 

Changes to This Section: Interactive will provide thirty (30) days’ notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you. 

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services. 

Survival: This Arbitration and Class Action and Jury Trial Waiver section shall survive any termination of your Account or the Services. 

Severability of provisions 

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 

Contact information 

If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our contact us page.