Terms of Service
This website is owned by Songmaker Productions, LLC dba YourSongmaker(the "Site Owner"). By accessing this website (the "Site"), or by the use of the services or products offered, the user is indicating understanding and acceptance of these Terms of Use (the "Terms"). These Terms are subject to change at any time. Use of this Site after such changes are implemented constitutes acceptance of the changes. Please consult these Terms regularly.
Customer Submissions
All content provided by the customer to Site Owner is declared by the customer to be unique in nature, meaning that no poem, lyrics or other writings written by another person have been incorporated into the content without their expressed written permission. Content submitted by the customer will be used, based upon the selections, to create a custom song.
Site Owner, at its sole discretion, reserves the right to refuse a submission for any reason and will promptly refund any monies paid, less any administrative costs. Orders may be changed through our Contact Us page if submitted within 3 business days of purchase, but cannot be cancelled once submitted. Individuals under the age of 18, please ask a parent or guardian before any purchase.
Development Process
The Site Owner reserves the right to add or change a word to fit the musical composition if necessary, but the sentiment will not be changed. Customer will be contacted for approval before any significant change is implemented. A sample clip of the song will be provided to the customer for review and suggested edits are to be provided back to the Site Owner within 48 hours of receiving the song sample in order for the song to be completed within the 14 day time period. Given the artistic and interpretive nature of a song, it is understood and agreed to that it may not be possible to have all suggestions fully implemented. Certain edits/changes may require additional fees. See our FAQ. The Site Owner and the composer are held harmless for the final song delivered or usage of submitted materials.
Song Copyright
The Site Owner will copyright all songs after the final version is provided to the customer. The percentage split is as follows: Lyricist (40%), Composer (40%), and Site Owner (20%). The Site Owner will maintain and store all copyright certificates.
Song Usage
Any submission or related work product, in whole or part, may be used by Songmaker Productions, LLC, their agents, representative, or other authorized users for any and all purposes including, without limitation, advertising, news, broadcast, promotional, marketing, publicity, trade or other commercial purposes, all without further notice to you and with or without advance permission, payment, or attribution. It is the sole discretion of Songmaker Productions, LLC to determine whether songs will appear as featured songs on the site and/or if songs will be available for digital download purchase on the site. If the song results in any financial gain, the customer will receive 40%, the composer 40% and the Site Owner 20%. This stipulation would come into effect only if the song started generating money from any commercial sales, music industry sales, or any other form of entertainment sales. Customer agrees to notify the Site Owner within 5 business days if the song is used commercially or for financial gain through Customer efforts.
Song Payouts
If the event the song results in any financial gain, the customer will receive 40%, the composer 40% and the Site Owner 20%. This stipulation would come into effect only if the song started generating money from any commercial sales, music industry sales, or any other form of entertainment sales. The Site Owner will maintain bookkeeping for all revenues. Payouts will occur once per month on the 1st Friday of the month. Payouts will occur only when an individual customer/composer’s balance has reached $50. A detailed accounting of the revenue generate from your song may be requested at any time by emailing songmakerproductions@gmail.com.
Site Copyright
All content included on this Site including text, graphics, logos and images unless otherwise noted is the property of the Site Owner and protected by United States and international copyright laws.
Acceptable Use
The content of this Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Site Owner, except that:
You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
Any copies of documents or pages from the Site must not alter the original Site content and must include the Site Owner copyright notice.
You may link to this Site provided that the link does not falsely imply or suggest that the Site Owner has endorsed or is affiliated with you.
Restrictions on Use
Users of this Site must not:
Monitor, gather or copy any content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
Use this Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
Disclaimer
The Site Owner cannot guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that its content is accurate, error free or up to date. Content warning- lyrics on this site may be considered offensive in nature to some consumers. Reading and listening to lyrics is the right and free will of the consumer.
Third-Party Sites
This Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.
Copyright Complaints
The Site Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact us via email at Songmakerproducations@gmail.com or using the form on our Contact Us page of this Site.
Privacy
Please review our Privacy Policy, which also governs your visit to this Site.
Applicable Law
By using this Site you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Site Owner. By using this site, you affirm that you are able to enter into these Terms of Service.
These terms constitute the sole agreement between the Site Owner and the customer, regarding these service and products. Any additional work not specified in this contract or any other amendment or modification to this contract must be agreed to by written consent signed by both parties. Continued services after that time may require a new agreement.
Questions
Please contact us using our Contact Us page of this Site with any questions.