SONG HEART Terms Of Use

1. BACKGROUND

Thank you for visiting www.songheart.co (to which we refer to herein, together with its content and services, as a Site). We are an online retail music store for creating personalized songs in various formats for every occasion inspired by our customers’ stories and details (the “Products”) and related products and services. By accessing our Site and/or by clicking the “I Agree” or “OK” button, you expressly acknowledge and agree that you are entering into a legal agreement with: (i) SONGHEART INC if you are a Canadian and non-Canadian based customer; (collectively, “we”, “us” and/or “our”)”, and have understood and agree to comply with, and be legally bound by, these SONGHEART Terms and Conditions of Use (or these Terms and Conditions). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR MAKE ANY PURCHASES THROUGH OUR SITE.

We reserve the right, at our discretion, to modify these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions at any time and from time to time. Such modifications will be effective upon posting on the Site, and your continued access or use of the Site thereafter means your acceptance of any changes to these Terms and Conditions or any policy or other terms referenced in these Terms and Conditions.

2. ABILITY TO ACCEPT TERMS

Our Site is not structured to attract children under the age of 16 years. If you are under the age of 16, please do not visit or use the Site. If you are between 16 and 18 years of age, then you must review these Terms and Conditions with your parent or guardian before visiting or using our Site to make sure that you and your parent or guardian understand these Terms and Conditions and agree to them.

3. CUSTOMER ACCOUNT

During your use of our Site and in order to use our Site’ services, you may choose to or may be required to create an account (the “Account”), and by doing so you agree to provide accurate and complete information as required by the relevant Site page (the “Account Information”), and to keep the Account Information current, accurate and complete. If you choose to register to our Site, you will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account.

You agree not to create an Account for anyone else, use the Account of another without their permission or permit any use in Your Account by anyone else. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for any activity that occurs in connection with your Account. If you wish to delete your Account, you may send a request to us by filling this contact form. If you provide information that is untrue, inaccurate, not current or incomplete, or we have plausible suspicions that such information is inaccurate, incomplete or untrue, we reserve the right, without prejudice, to suspend or terminate your Account and refuse your use of the Site, including, but not limited to, sales resulting from the Site.

4. PRIVACY

We will use the Account Information and any additional information we may collect or obtain in connection with your use of our Site in accordance with our privacy policy which is available at https://www.songheart.co/privacy-policy.php (the “Privacy Policy”). You agree that we may use information that you provide or make available to us in accordance with our Privacy Policy.

5. THIRD PARTY SOURCES AND CONTENT

Our Site may present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by us (“Third Party Content”). We may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. You acknowledge that we make no warranties or representations, express or implied, as to the quality, accuracy, safety, lawfulness or suitability of Third-Party Content.

6. USER SUBMISSIONS

Our Site permits the uploading, sharing, posting, and publishing of content, including stories, personal details of your story and relationship, videos, or images, provided by you and other users (collectively, “User Submissions”). Your User Submissions may be posted to our Site, used to send commercial marketing materials, or otherwise be made publicly available. You shall be solely responsible for your User Submissions and the consequences of uploading or publishing them. We have complete discretion whether to allow publishing your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.

You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms and Conditions. Intellectual Property Rights means any and all rights, titles and interests, whether foreign or domestic, in, under, and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and/or similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

You further represent and warrant that you have all the necessary consents and permissions from all individuals depicted in your User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.

You retain all of your ownership rights in and to your User Submissions however you do not own any copyright or ownership of the song you purchased other than having been granted a limited use license that can only be used for personal enjoyment. Limited use licence is not for commercial use. You are required to purchase a commercial use license if you will be using the song or (“the products”).

You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (2) violent and or sexual in nature (3) is unlawful, defamatory, libellous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (4) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (5) impersonates another person; (5) promotes or involves illegal activities, terrorism or drugs (6) is unfair or deceptive under the consumer protection laws of any jurisdiction; (7) violates export control laws, relates to illegal gambling, or illegal arms trafficking; (8) constitutes an unauthorized commercial communication; (9) provide any content that contains software viruses or other harmful devices (10) breaches these Terms and Conditions.

Subject to these Terms and Conditions and to our Privacy Policy, by submitting User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and derivative works thereof on our Site and our accounts in social networks only in connection with our Site and services we provide.

Further to your additional relevant permission to use your User Submissions (including stories, detailed information of your relationship or story, photos and videos of you reacting to your song, unboxing of your song, or video of your surprise serenade, etc.), you irrevocably authorize us to use your User Submissions and derivative works thereof on our Site, social networks, in marketing messages and other marketing materials, including next to or in connection with our ads and offers that we display for advertising our products and services on our Site and other websites and platforms, including mobile apps. When giving us permission to use your User Submissions as stated in preceding sentence, you confirm that you have all the necessary consents and permissions from all individuals depicted in such User Submissions, including consents and permissions of parents or guardians of minors, as may be required under applicable laws.

We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Site as we reasonably believe is necessary to: (1) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (2) enforce these Terms of Use, including investigation of potential violations of it, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of us, our users or the public.

7. CUSTOMER PURCHASES, PAYMENT, & REFUNDS

Prices of the Products are shown on the Site and may vary when you place an order depending on place of delivery. The majority of our Products, with the exception of frames and plaques, are electronic in format and will be delivered to you via a valid email for which you will be asked to provide. 

You will be considered a “Customer” of Songheart once you review and complete your online order, submit the designated credit card payment, and successfully receive payment approval on your order request. Once We receive and accept your order, an independent artist under a non-exclusive contractual agreement with Songheart will contact you and begin creating your personalized song based on the story, personal details of your relationship, and other information You have provided Us.

Your standard song is a video recorded performance of the Artist performing your song along with a dedication and lyric sheet. Your song includes a custom written song that is at least 2.5 minutes in length and contains two verses and a chorus. You will have the option to add an extra verse if You purchase the Extension upgrade. The video recording will be uploaded on Songheart’s YouTube Channel and/or server after you approve your song. There are various packages available as upgrades which include a studio recording, professional full studio production etc. Although our standard packages are priced by delivery time, We reserve the right to deliver the final product, within reason, beyond the stated delivery time of the order due to circumstances beyond our control such as studio closures due to pandemics, fires, or natural disasters; backlog of studio booking time; creative songwriters block; or an artist illness. All song orders will be fulfilled as placed and will be delivered on or before the stated delivery date with the exception of orders that cannot be fulfilled on time due to circumstances beyond our control.All sales are final unless We authorize a refund. Refunds will be assessed on an individual case-by-case basis where merit will be given to Customers whose overall experience did not meet Our high standards of service. You cannot request a refund if you are not happy with the final delivered product. You will have the opportunity prior to request one free revision as part of the service or You can purchase an Extension to provide another verse or more detail in the song. Songheart hand picks their artists who satisfy and exceed the minimum level of required experience, and possess a high level of songwriting acumen and professionalism. If You order any of the Upgrades like studio recording, surprise serenades, lyric video etc, there are no exceptions for refunds as We will have incurred expenses to deliver a high quality product.

We reserve the right to refuse or cancel Your order, in whole or in part, without liability to You, at any time at Our sole and exclusive discretion, including without limitation for reasons relating to or originating in errors, public interest and/or Company’s values and standards.

Once the Song is completed and delivered to You, We will grant You a perpetual, worldwide, royalty free, nonexclusive license to the Song for your personal use only.  You shall have no right to copy, promote for sale, sell, publicly perform, lease, license, distribute, or otherwise grant rights in and to the Song to others.  Additional license rights, including commercial use rights, may be granted by Us to You upon payment. You agree that you have No ownership rights to or in the Song and cannot transfer, assign, or sell unless otherwise agreed upon in writing.

You can only pay for Products using a Visa debit card or credit card or other payment method via the third party payment service provider that we make available for you to use via our Site.

Payment for the Products and all applicable delivery charges are due in US Dollars. Any currency conversions shall be carried out by your own bank at your cost.

For more information please see our Purchase Policy below which is incorporated into these Terms and Conditions by reference.

8. CUSTOMER CONDUCT; OWNERSHIP

The (1) content on our Site, including without limitation, the text, documents, articles, graphics, brochures, descriptions, products, software, technology, graphics, photos, sounds, videos, interactive features, and services and any output thereof (or collectively, the “Materials”), (2) User Submissions (or together with the Materials, the “Content”), and (3) the trademarks, service marks and logos contained therein (the “Marks”), are our property and/or our licensors’ sole property and are protected by applicable copyright or other intellectual property laws and treaties. All other brands and names (including third-party product names) are the property of their respective owners. You may not use the name Songheart, Songheart.co, the SONGHEART logo or any other graphics or services terms or names that are our Marks or our affiliates’ Marks on any site without our express prior written consent.

You acknowledge that all Material and Marks are copyrighted under applicable law, including, without limitation, the U.S. copyright laws, and we own all intellectual property rights to the selection, coordination, arrangement, and enhancement of such Content. Except as required for use and access to the Site as permitted hereunder, you may not use, modify, copy, emulate, upload, post, reproduce, or distribute any Content in any way, without obtaining Company’s prior written approval (except for Your User Submissions).

It is forbidden under these Terms and Conditions to engage in any activity that will restrict or inhibit other users from using our Site. You shall not: (1) copy, distribute or modify any part of our Site or services without our express prior written authorization; (2) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (3) disrupt servers or networks connected to our Site; (4) use or launch any automated system (including without limitation, “robots”, “spiders”, or otherwise) to access our Site; (5) parse any content within our Site or copying any source code for the purpose of mimicking the look and feel of our Site; (6) circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of our Site, and/or (7) sell, license, or exploit for any commercial or non-private purpose, any use or access to the Site and Services or any Content related thereto.

9. MUSIC ARTIST SERVICES AND OBLIGATIONS

By submitting an application to become an Artist under the Songheart Platform or Site (“Songheart Artist”), you agree to these Terms and you represent and warrant that you fulfill all the requirements listed on the application page including the onboarding checklist that details Our expectations and high standards of service. Further, You acknowledge and fully understand that you are not an employee of Songheart but rather an independent artist that Songheart contracted to deliver a service to Our customers. If selected to become a Songheart Artist, you will be assigned Song orders which you can accept or decline. If You accept a Song order, you agree to write and compose an original Song consisting of both music and lyrics that relates to the details and information provided on the customer order. You also agree to deliver the final product as per our standards which includes the templated lyric sheet, on or before the stated deadline. You also acknowledge that some upgraded products like lyric videos, lyric frames, plaques, etc are fulfilled by Songheart and not your responsibility as an Artist.

Upon successful delivery of the Order within the allotted time frame in accordance with these Terms, you will be compensated the agreed-upon amount that We pay for each of our packages. You will also be paid on subsequent new orders that relate to Your Song. No additional compensation, including royalties, shall be due to You thereafter. If You fail to deliver the completed Song by the deadline or miss important details and Content that constitutes the Order, it will absolve Us from any responsibility of having to pay You. We reserve the right to withdraw an order from any Songheart Artist at any time and for any reason whatsoever. You as well as Us can terminate your role as a Songheart Artist at any time without liability, further compensation, and penalty

By submitting the final Song to the customer, you hereby grant to Us a perpetual, nonexclusive, royalty-free, worldwide right and license to sublicense the Song to the Customer for limited use, to post the Song to Spotify or other streaming and online platforms of Our choice, to monetize the Song via the online streaming platforms, to post or promote the song in a commercial, advertisement, and/or social media post that promotes You as an Artist under Songheart Platform and Site. You shall retain 100% ownership of rights and title in and to the Song subject to any Content that was added into a Song that is licensed from the Customer.

By becoming a Songheart Artist, you hereby grant to Us the right to use your legal or artist name, likeness, awards and accolades, image, photograph, video, and biographical information to promote Songheart and your role as an Artist on Our team. If you decide to relieve yourself from duty and obligations as a Songheart Artist, all licenses to Songs shall remain in effect and Songheart Inc., shall retain the right to display your name in connection with Songs you wrote and composed.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT AND WILL NOT ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES OF ANY KIND OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE, OR THAT ARE RELATED TO THE PURCHASE OF GOODS OR SERVICES FROM OUR SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, DAMAGES OR LOSSES. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL APPLY ALSO TO OUR LICENSORS AND SERVICES PROVIDERS WITH RESPECT TO THEIR LICENSED ARTICLES AND PROVIDED SERVICES, WHICH ARE INCORPORATED IN OUR SITE.

NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, OUR LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 10 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE.

11. OTHER RIGHTS

We may terminate or suspend your account and your accessibility to all or part of our Site, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or a third-party or us.

12. TERMINATION OF TERMS

If you no longer agree to these Terms and Conditions, you must stop your use of and visit to our Site and notify us in writing of the same. You acknowledge and agree that: (1) any termination of your access to the Site may be affected without prior notice; and (2) we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Site.

13. WARRANTY DISCLAIMERS

This section applies whether or not the services provided under our Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

OUR SITE, SERVICES, AND ANY CONTENT OR DATA RELATED THERETO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO REPRESENTATIONS OR WARRANTIES ARE MADE HEREUNDER AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY SERVICES OR CONTENT, DATA, RESULTS OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SITE OR SERVICES. WE DO NOT GUARANTEE THAT OUR SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. OUR SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON OUR SITE BY A THIRD PARTY.

WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIM ALL LIABILITY FOR, ANY SUCH CONTENT.

THE SITE MAY INCLUDE A CHAT BOT FUNCTIONALITY INTENDED TO PROVIDE GENERAL FAQ AND ORDER RELATED DATA IN A CHAT-LIKE COMMUNICATIVE MANNER AS WELL AS INTERACTIVE VOICE RESPONSE FUNCTIONALITY ALLOWING CALLERS TO ACCESS INFORMATION VIA A VOICE RESPONSE SYSTEM WITHOUT HAVING TO SPEAK TO AN AGENT. IT IS AGREED AND ACKNOWLEDGED THAT ANY COMMUNICATION OR INFORMATION PROVIDED THROUGH SUCH FUNCTIONALITIES IS PROVIDED AS GENERAL ASSISTANCE ONLY AND THAT THESE TERMS OF USE SHALL PRECEDE AND GOVERN ANY CONFLICTING INFORMATION PROVIDED THROUGH SUCH CHAT-BOT OR INTERACTIVE VOICE RESPONSE FUNCTIONALITY.

14. APPLICABLE LAW

We make no representation that the Content in our Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access our Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to our Site, the services provided through our Site, or the Content (or a Claim): (i) if made by non Canadian based customers shall be governed by the internal laws of the Province of Ontario in Canada; and/or (ii) if made by Canadian based customer shall be governed by the internal laws of Canada without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in (i) the Province of Ontario for claims concerning non-Canadian based customers and/or (ii) in Kitchener, ON, for claims concerning Canadian based customers and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

15. INDEMNITY

You agree to defend, indemnify and hold us, our affiliates, subsidiaries, related companies, and our and their respective officers, directors, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (1) your use of, or inability to use, our Site; (2) your User Submissions; or (3) your violation of these Terms.

16. SUBMITTED FEEDBACK

It is our desire and pleasure to hear from our customers and welcome your comments regarding our products, including our Site. We request that you be specific in your comments when providing feedback with respect to our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as Feedback), the Feedback shall be deemed, and shall remain, our exclusive property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.

If you have any questions regarding our General Terms and Conditions of Use, please feel free to contact us by filling this contact form or by mail:

For Canadian and Non-Canadian Based Customers:

SONGHEART INC

50 Ottawa St. S

Kichener, ON N2G 2M9

PURCHASE POLICY

1. COUPONS AND DISCOUNTS

We aim to keep our Products as affordable as possible and often distribute store credits or coupon codes (collectively, “Coupons”) through various channels as part of a special offer, promotion, or as part of a refund or other payment from us. Unless otherwise noted, you may only receive one Coupon per special offer or promotion, and you are not permitted to combine Coupons nor add them retroactively to your order. Coupons are not redeemable for cash. Coupons may only be used once for up to the maximum discount amount specified.

Coupons may be subject to additional offer or promotion-specific terms and conditions, such as tagging and posting photos or videos with your song on social networks. We reserve the right to determine in our sole discretion whether you are eligible to receive certain Coupons.

You may be required to redeem Coupons by a certain date depending on the specific terms and conditions of the relevant special offer or promotion. Unless otherwise specified, a Coupon is valid for up to 180 days from the date granted. If you do not redeem your Coupon prior to specified date, it may expire.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Conditions. Unless otherwise stated in such Promotions’ rules, we reserve the right to terminate and make changes the terms of any such Promotions at any given time without prior written notice. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Conditions, the Promotion rules will apply.

Any abusive use of Coupons or violation of additional offer or promotion-specific terms and conditions, as determined by us in our sole discretion, may result in the rescission of the Coupons as well as your inability to participate in future promotions or use the Site.

2. GIFT CARDS

By purchasing, redeeming or accepting a SONGHEART Gift Card (“Gift Card”) you are agreeing to this Purchase Policy and our Terms and Conditions.

Gift Cards are available for purchasing Our standard product or upgrades available through www.songheart.co. Gift Cards can be redeemed only once.The Gift Card is not in the traditional form of a credit or dollars that can be applied towards purchases. Instead, Gift Cards are pre-orders that someone can purchase on behalf of another customer. The Gift Card buyer would get a unique one-time code that can be used to redeem any of our products.

All Gift Cards processed on Songheart will be issued in United States Dollars (USD). Gift Cards do not have expiration dates and may be applied despite any stated expiration date.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Card is lost, stolen, or used without your permission.

3. ORDER PRODUCTION AND PROCESSING

Lack of information on orders may lead to delays in processing such orders. There may be cases in which we will be required to contact you in order to obtain your confirmation, including approval of relevant song orders, or additional information and details, and such inquiries may also delay the processing of the order. In any event, we shall make reasonable efforts to notify you with respect to any delays. Additional reasons for order delays have been cited and documented in Section 7 (CUSTOMER PURCHASES, PAYMENT, & REFUNDS).

4. SHIPMENT AND DELIVERY

Physical Orders such as song plaques, frames, etc. will be delivered to the address that appears on your order within reasonable time from the completion of the production and the quality checks.

Orders are usually shipped within 12 to 15 days from the date of confirmation of full payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination and state  of the supply chain. Please note that additional local taxes may be applied to shipments to locations outside of the United States.

We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.

Please be advised: all international shipments may be subject to customs regulation. Any related charges will be your responsibility. We can’t be held liable for incurred charges.

When you place your order you will be prompted to choose service as well as shipping and delivery options. Standard service with standard shipping can take up to approximately 35 days from the date of the shipment. If you need your Product faster, for an additional charge you can upgrade to the express service, express shipping, or both. Upgrading your shipment does not infer overnight delivery.

We will provide you with the estimated time of delivery when you place an order and may further adjust it after you approve the online proofing of your physical song plaque or frame. Delivery times are based on estimation only and exclude the production and verification stages.

It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details.

It is also your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery (or tendered delivery). We will not be responsible for any delays caused by customs clearance nor for any duties, charges or fees payable on the export or import of any Products, which will be your responsibility.

Shipping claims should be raised within 30 days from the date of the shipping.

5. RETURN AND EXCHANGES POLICY

We do our best to make exchanges as simple as possible on physical song products. For refund policy on digital songs and upgrades, please see Section 7. (CUSTOMER PURCHASES, PAYMENT, & REFUNDS)

We are confident that you will enjoy our Products. We use a leading supplier for all our song frames and plaques. However, if you are not completely satisfied with your product, within the first 30 days after delivery, you are entitled to a one-time refund, store credit (excluding the cost of any shipping to and from your delivery address) or product exchange for a product of equal or lesser value*. No questions asked and hassle-free. The item shall be returned to us in the original packaging. Please contact us via contact form for additional instructions on how to return your Product.

If your item arrives damaged, please reach out to us by filling this contact form. We will either repair the damage or, if the damage cannot be fixed, we will make a new artwork for you free of charge.

If the item is lost by the courier shipping agent, we will send you a new item at absolutely no charge to you.

Refunds will be effected via the same method of payment used to order the Product (credit card, Visa debit card, PayPal, etc.). within up to 30 days from when we receive the item (in respect to cancellations, 30 days from when the cancellation request was submitted) and informed you of your eligibility for such refund. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.

Important Notes:

*All store credits and exchanges are non-refundable.

*Refunds will only be processed up to 90 days from the delivery date.

*Store credit is valid for up to 180 days from the date granted. The validity of store credit cannot be extended.

*Store credit may not be used in conjunction with certain coupons.