Terms & Conditions

SINGING SUCCESS INCORPORATED

SINGINGSUCCESS.TV TERMS OF USE

THIS TERMS OF USE AGREEMENT ("AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY SUBSCRIBER, FREE TRIAL USER, OR PURCHASER OF THE SERVICE, REQUIRING PAYMENT OF A FEE) ("YOU" AND "YOUR") AND SINGING SUCCESS INCORPORATED ("SSI," "WE," "US," OR "OUR"). BY CLICKING THE "I AGREE" BUTTON OR BY USING THE SERVICE, WHETHER FOR A FEE OR FOR FREE, AND WHETHER ON A PERMANENT OR TRIAL BASIS, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES SERVED THROUGH THE SERVICE OR RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY SSI (COLLECTIVELY THE "CONTENT") AS USED HEREIN, “SERVICE” SHALL MEAN THE SSI VIDEO STREAMING SERVICE ENTITLED “SStv”, AND SHALL INCLUDE, WITHOUT LIMITATION, ANY DOWNLOADS OR ANY OTHER SERVICE(S) PROVIDED BY SSI THROUGH THE SStv SUBSCRIPTION SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST STOP THE REGISTRATION PROCESS. FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT MAY RESULT IN TERMINATION OF YOUR ACCESS TO THE SERVICE OR ANY PART THEREOF. If you are under 18 years old, by using THE SERVICE you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the SERVICE is at their discretion. Until you are 18 years old, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request or any time, for any reason, without notice or liability.

1. ENROLLMENT IN THE SERVICES
In exchange for any applicable fees and subject to certain limitations as described herein, you will be granted the right to stream and/or download content that is available via the Service, and simultaneously have access to our contextual information about the Content and the participants therein.

The Service will operate only on those hardware and software platforms specified in the Service documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Service. SSI reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

Any information that you supply to us will be governed by the terms and conditions of SSI's Privacy Policy as it may be updated from time to time.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.

By subscribing to or accessing the Service, you are representing to us that you are authorized to use the credit card you submit for payment (if any). If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of such other person, any charges associated with that person's use of the Service, and that person's compliance with this Agreement. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold SSI and its affiliates harmless from any breach of this Agreement.

2. TERM, FEES AND PAYMENTS
Applicable fees for the Service may include a periodic (e.g., monthly, quarterly or annual) subscription fee, transaction fees, taxes, and any other applicable fees.

(a) Free Trial Period
SSI may offer you a one-time, free trial period during which you can try out the Service for free (a "Free Trial"). The length of any such Free Trial may vary from time to time. Each user is entitled to one Free Trial. If you subscribe to the Service after you have already received a Free Trial of the Service, your credit card will be billed immediately upon registration. Free Trials are also limited to one per credit card. In the event that two customers use the same credit card to subscribe to the Service, only the first customer is eligible to receive a Free Trial.

(b) Automatic Subscription Renewal
Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, one year, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that we will post a notice to you in the “Account Settings” section of the Service prior to such automatic renewal.

(c) Subscription Upgrade
If you would like to change the tier of the Service to which you subscribe, whether to upgrade to your original Service tier, or to make any other change, you may change or upgrade your Service at any time by selecting "Account Settings" on the main page, and then clicking "Upgrade" . You may be required to contact Customer Service for certain changes.

(d) Video Downloads
The Service may includes the ability to obtain permanent downloads of certain videos. All videos offered for download are offered for license, not purchase or sale, and are subject to this Agreement and any other license terms and conditions applicable to the content. All licenses to download are personal to the customer. Your downloading of a video is personal to you, and the video may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. Licenses to downloaded videos include only the right to play the video back for your own personal use from your personal computer, digital player, or other personal consumer electronic device, and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use it in any commercial manner.

(e) No Warranties
WITHOUT LIMITING ANY PROVISION HEREIN, SSI MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, VIDEO PLAYER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH SSI'S VIDEO FORMAT(S). IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SERVICE.

(f) No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

(g) Methods of Payment and Credit Card Terms
All payments must be made by VISA, MasterCard, American Express or PayPal. We do not accept cash, checks or any other payment form. AS BETWEEN YOU AND SSI, YOU, AND NOT SSI, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred. If SSI does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SSI.

(h) Unauthorized Charges
Unless you notify SSI of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release SSI from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to SSI within sixty (60) days of its first appearance on an invoice or credit card statement.

(i) Late Payments
Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the Service.

(j) Taxes
Prices exclude all taxes unless stated otherwise. SSI collects taxes at the rate in effect at the time your transaction is completed. If the tax rate changes before the transaction is completed, the new tax rate in effect will apply. SSI cannot accept exemption certificates for purchases made online. Contact customer service if this transaction is exempt from tax.

(k) Transaction Fees
SSI may impose an additional transaction fee based on transactions associated with the Service, including a transaction fee applied to your periodic subscription fee. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction, likely via the order path for a Service, by email notification concerning your Service(s) and applicable fees, through the order path for permanent downloads, or in a similar, explicit manner.

(l) Modifications to Fees or Billing Terms
SSI RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY SSI, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your subscription by contacting customer service. Your continued use of the Service following the effective date of a change to fees or billing methods shall constitute your acceptance of such change. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO SSI TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE OF THIS AGREEMENT OR THE SERVICE.

3. TERMINATION
(a) Termination By You
To cancel your subscription to the Service, please click here. Once you have terminated your subscription, we will stop billing your credit card until and unless you purchase another product or Service. All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

(b) Termination By Us
You agree that SSI, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password or use of the Service (or any part thereof) for any reason, including, without limitation, if SSI believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the SSI End User License Agreement. SSI may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that SSI shall not be liable to you or any third-party for any interference with or termination of your access to the Service.

4. CUSTOMER SERVICE
You understand and agree that SSI is solely responsible for all customer service, help, billing and account issues related to your subscription. Neither your ISP nor any third party website through which you may have accessed the Service is responsible for customer service, help, billing and account issues related to the Service. You agree not to direct any questions, requests for assistance, or inquiries about the Service to your ISP or to any third party website through which you may have accessed the Service. For assistance, please contact Customer Service.

5. YOUR ACCOUNT INFORMATION
(a) True and Complete
You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the subscription process (such information being the "Account Information").

(b) Updating Your Account Information
You may update any of your Account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated card by selecting " Account Settings" from the main page and then clicking the appropriate link in the Account Settings section.

(c) Our Use of Account Information
We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy, which is expressly incorporated herein by reference.

(d) Stolen Account Information Your Responsibility
You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. If you believe someone has accessed the Service using your user name and password without your authorization, it is your responsibility to set up a new password by clicking on the Account Settings link on the main page and selecting the appropriate link.

6. PUBLIC FORUMS AND COMMUNICATION; USER SUPPLIED MATERIALS

(a) Public Forums.
"Public Forum" means an area, site or feature offered as part of any Service that offers the opportunity for users to contribute submissions for viewing by one or more other users of the Service, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, or blog function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any submission to a Public Forum. SSI cannot guarantee the security of any information you disclose through any Public Forum and you acknowledge that you make such disclosures at your own risk. You are and shall remain solely responsible for the submissions or contributions made through the Service under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. SSI has no duty to monitor any Public Forum. Further, you should be skeptical about information provided by others, and you acknowledge that the use of any submission or contribution posted in any Public Forum is at your own risk, and SSI is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. You acknowledge that SSI may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to submissions or contributions made by you.

(b) User-Supplied Materials.
All information, advice, files, links, communications or other materials posted by you to or through the Service ("User-Supplied Materials") shall be your responsibility. You agree not to post or transmit any User-Supplied Materials that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You grant, or warrant that the owner of such User-Supplied Materials has expressly granted SSI, the royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, display, modify, transmit, distribute, perform, display and delete such User-Supplied Materials (in whole or in part) worldwide and or/ to incorporate such User-Supplied Materials in other works in any form, media or technology now known or later developed. User-Supplied materials are public and not private communications.

SSI shall have the right, but not the responsibility, to monitor and/or remove User-Supplied Materials deemed harmful or offensive in SSI's sole discretion, or that otherwise violate this Agreement or any rules that SSI may institute from time to time. SSI shall have no liability for the failure to receive or for the removal of any User-Supplied Materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of SSI. SSI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized SSI employees acting in their official capacities.

7. LINKED ENTITIES
The Service may contain links to various third party web sites and other resources ("Linked Entities"). These Linked Entities (other than web properties owned or operated by SSI) are not under the control of SSI and SSI is not responsible or liable for the content, communications or materials of any Linked Entities. SSI is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by SSI of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.

8. COPYRIGHT AGENT
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
Information related to the work(s) reasonably sufficient for SSI to promptly locate the work (e.g. title of work, location within the Service, etc.);
Information reasonably sufficient to permit SSI to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement requesting that SSI take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of a claimed infringement is:

Copyright Agent
Singing Success Incorporated
801 18th Avenue South
Nashville, Tennessee 37203
Telephone: (615) 866-1030
copyrightagent@singingsuccess.com

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SSI Customer Service, Singing Success Incorporated, 801 18th Avenue South, Nashville, Tennessee 37203. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

9. INTELLECTUAL PROPERTY RIGHTS
Only you may access the Service using your user name and password. The Service (including the Content), is the property of SSI or its licensors and are protected by copyright and other intellectual property laws. The Service may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, publicly perform, adapt , sub-license or circulate any Content received through the Service to any third party, (ii) exploit any such Content for commercial purposes without the express prior written consent of SSI, or (iii) to share your password with any third party. You may not make any unauthorized copies of the Content obtained through the Service, and may only make such copies as are reasonably necessary for your personal, non-commercial use. Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless SSI for your failure to comply with this section.

You may not: (i) frame or link to the Service or any Content except as expressly permitted in writing by SSI; (ii) permit other individuals to use the Service through your account; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), tamper with, or create derivative works based upon the Service or the Content, or any portion thereof (including without limitation any watermarks, security components and digital rights management); (iv) sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Content to any third party; (v) remove any proprietary notices or labels on the Content; (vi) use the Service or the Content in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; (vii) use the Service or the Content for any commercial or illegal purpose; (viii) use the Service for other than your personal, non-commercial purposes, including without limitation the excessive and/or repeated playing of any particular portion of the Content (for the apparent purpose increasing royalties paid or ratings as applied to such content); (ix) use the Service to invade the privacy of, or obtain personal information about, any other Service account holder or user, or to obtain a list of Service account holders or users; (x) copy, modify, erase or damage any information contained on computer servers used or controlled by SSI or any third party used in connection with the Service or the Content; (xi) use the Service or the Content to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; or use any data mining, robots, or similar data gathering and or extraction tools in connection with the Service; (xii) use the Service to post or transmit any unsolicited advertising or promotional materials; (xiii) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by SSI (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution); (xiv) impersonate or misrepresent your affiliation with any person or entity; (xv) use any automated means to access or use the Service (including scripts, "bots" or similar software); or (xvi) modify, translate, reverse engineer, decompile, reproduce, disassemble, or otherwise gain access to or attempt to gain access to any private key or "dev key" (as that term is generally understood within the software industry) associated with the Content or the Service, or to use or attempt to use any private key or "dev key" in a manner in violation of this Agreement or the SStv Terms of Use.

SSI and its licensors retain exclusive ownership of the Content, the Service, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or their contents. SSI and its licensors reserve all rights not expressly granted hereunder. You shall promptly notify SSI in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or any patent, copyright, trade secret, trademarks or other intellectual property rights of SSI or its licensors. The Service contains proprietary information that is protected by copyright laws and international treaty provisions.

SSI expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.

10. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
SSI will make reasonable efforts to keep your account and the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.

SSI also reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. Due to contractual or other limitations, from time to time, some videos available in any particular catalog may no longer be available. SSI reserves the right to change or remove Content at any time.

SSI shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of the Service.

11. DISCLAIMER OF WARRANTY
THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, THE CONTENT, OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SSI, ITS PARENT COMPANY OR COMPANIES, ITS LICENSORS, ITS INVESTORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS (THE "SSI ENTITIES") DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

USE OF THE SERVICE AND THE CONTENT IS AT YOUR OWN RISK. THE SSI ENTITIES MAKE NO WARRANTY THAT THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR FREE; NOR DO THE SSI ENTITIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR THE CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. THE SSI ENTITIES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

12. LIMITATION OF LIABILITY
ANY AND ALL RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL SSI OR ITS PARENTS, MEMBERS, LICENSORS, SUBSIDIARIES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, INVESTORS, DISTRIBUTORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY THE "PROTECTED PARTIES") BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ANY PROTECTED PARTY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

13. MODIFICATION
SSI may modify this Agreement at any time in its sole discretion. If SSI makes a material change to this Agreement, a "change of terms" notice will be posted and SSI will use reasonable efforts to notify you by placing a notice in or near the “Account Settings” link on the main site. If any modification is unacceptable to you, you agree that your only recourse is to terminate your use of the Service as provided herein. Your continued use of the Service following our posting of a change of terms use, an email notice to you, or a new Agreement on the Service will constitute your binding acceptance of the change, until such time as you terminate your subscription. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO SSI TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT OR THE SERVICES TO WHICH YOU HAVE SUBSCRIBED.

14. INDEMNIFICATION
You agree to indemnify and hold SSI and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.

15. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Tennessee, United States of America, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Davidson County, in the State of Tennessee. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If either SSI or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

16. GENERAL
No delay or failure to take action under this Agreement shall constitute any waiver by SSI of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. SSI may assign this agreement as it deems appropriate for any reason at any time. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference constitutes the complete and exclusive agreement between SSI and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Last modified: June 01, 2010

Privacy Policy

SINGING SUCCESS INCORPORATED

Privacy Policy
Singing Success Incorporated ("SSI") is committed to protecting the privacy of your Personal Information (defined below). This Privacy Policy explains how SSI collects and utilizes Personal Information when you use our products and services.

WHY DOES SSI COLLECT PERSONAL INFORMATION?
SSI collects Personal Information to improve the manner by which SSI operates and offers its products and services, communicates with you about those products and services, and provides effective, timely customer support when needed. SSI will not rent, sell or distribute any Personal Information without your consent, unless such sharing is necessary for the purposes set forth in this Privacy Policy.

WHAT PERSONAL INFORMATION DOES SSI COLLECT?
You must open an account or complete an online registration with SSI to access SSI products and services, including free trials. Information gathered during the registration or account creation process, or during access to particular products and services, may differ based on the nature of the product or service. Information that you provide when registering or creating an account, or accessing or using your account or the SSI products or services associated with your account, may include: name and email address, billing information, information concerning software downloaded, products and content purchased, accessed, downloaded and/or burned through SSI products or services (including, in the case of video products, videos streamed, purchased or saved in libraries or playlists), location information (such as zip code or postal code and country), computer configuration (such as operating system, connection speed, and peripherals), the IP Internet (IP) address and URL of the website that sent you to the SSI registration page, the types of peripherals (including portable media players) used by SSI products on your computer (to ensure that you have access to the latest fixes and patches for full compatibility with these devices), demographic information provided by you (such as language, gender and age, and, if applicable, content preferences and personalization information), and whether you logged into or out of a SSI service, or changed your password or billing information (collectively, "Personal Information").

HOW DOES SSI KEEP YOUR PERSONAL INFORMATION SECURE?
SSI uses recognized third parties to maintain and store your personal information and to process any payment you make to SSI. Generally, these third parties are required not to use your personal information other than to provide the services requested by SSI.

HOW DOES SSI USE YOUR PERSONAL INFORMATION?
SSI uses your Personal Information to:
Deliver to you and bill you for SSI products and services, and communicate with you concerning your account and customer service issues. This may include verifying authorization of credit card usage before any purchase of premium content or services (e.g., for the purposes of access to a free trial);
Improve our software and services by providing personalized content recommendations, language and location customization, and/or personalized help and instructions;
Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability to you;
Track content accesses and downloads for the purpose of paying royalties and license fees to applicable royalty participants and other copyright holders and content distributors;
Ask you to participate in surveys about products, services, news and events;
Offer you product upgrades, content and services for you to purchase, except as otherwise set forth herein;
Provide you with content, services, instructions, and a more personalized experience based on non-sensitive Personal Information, such as your language preferences, zip/postal code, country locations, and any content or other preferences you provide;
Provide you with news, free newsletters, updates, targeted advertising, promotions, and special offers, except as otherwise set forth herein; and
Better understand how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services.

WHEN AND HOW DOES SSI SHARE YOUR INFORMATION WITH THIRD PARTIES?
SSI does not use your Personal Information for purposes incompatible with those listed above. In some cases, access to certain products and services, such as content subscription products or products distributed by third parties may require the provision of Personal Information to a third party, such as a content provider or distributor. In such cases, this will be stated during the registration process, in the terms of use or service, through the distribution process, or in a similar manner. The third party's use of such information is governed by that party's privacy policy, and SSI's use is governed by this privacy policy. Please visit the privacy policy of the content partner to make sure you understand how they use the personal information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, SSI may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing. In such cases, SSI may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider.

SSI may disclose relevant information about its customers to our contractors (i.e. a customer service contractor or a credit card clearing service) in order for them to provide specific services for SSI to better serve our customers. SSI's contractors are bound by strict contractual requirements to keep all Personal Information they process strictly confidential and to use such information solely on behalf of SSI.

Also, SSI may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on SSI; (d) protect and defend the rights or property of SSI; or (e) act in urgent circumstances to protect the personal safety of users of SSI products or the public at large.

SSI websites and products contain links to other websites and products. SSI is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices.

Obligatory or Optional Nature of the Requested Information
Some of the Personal Information collected by SSI is necessary to provide you with the SSI product or service you choose and to optimize the delivery of audio and video data to your computer. Certain technical information (e.g., zip code, product id, GUID) may be automatically transmitted between networked servers to authenticate access to products and services, enable their delivery, or optimize your media delivery experience.

E-MAIL FROM SSI
Registering for a product or service allows you to tell us how or whether you want SSI to communicate with you. Generally, SSI sends e-mail about its products, content and special offers. During registration, you may opt out of receiving SSI marketing e-mails and/or newsletters. Additionally, your online SSI account, accessed through the “Account Settings" link provided in emails and on SSI Web pages, enables you to select whether you wish to receive newsletters, marketing, promotional emails, and special offers. However, SSI may continue to send you e-mail about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your SSI products and services, or to inform you about critical technical service issues relating to a SSI product or service.

HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION
To access your account information and preferences, select "Account Settings" from the applicable menu(s). Sign in to your account and modify your information and preferences as needed.

When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters and promotional emails. If you have forgotten a username or password, please refer to SSI's online help resources.

USE OF COOKIES
Like other major websites, SSI uses cookies to provide you with a tailored experience when visiting its websites and using its products. SSI also use cookies to understand traffic patterns on SSI websites and to authorize access to certain premium or trial content and product features. SSI treats any Personal Information that may be contained in cookies with the same level of confidentiality as other information you provide to SSI.

All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.

SSI does not require that you accept cookies; however, some functionality on its websites, its product purchase check-out process, and products and services may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it in each case. You may also change your cookie settings through preferences options in our products.

CHANGES TO THE PRIVACY POLICY
SSI may revise this Privacy Policy as needed to keep it up to date with SSI products, services and Web pages. "Updated" may be used to alert users to recent changes and to the date of the last update. SSI also posts FAQs from time to time on specific products.

NO ERROR FREE PERFORMANCE
SSI customarily releases alpha and beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase, SSI may not always catch an unintended privacy issue, despite our efforts to do so. As such, SSI welcomes feedback on any privacy concerns you may have, and on how to improve SSI products generally, in all stages of release. SSI does not guarantee error-free performance under this privacy policy. SSI will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when SSI learns of any failure to comply with it. SSI shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

CONTACT US ABOUT PRIVACY
If you have questions about the privacy aspects of our products or services or would like to make a complaint, please contact:

Singing Success Incorporated
801 18th Avenue South
Nashville, Tennessee 37203
ATTN: Privacy Officer


Last modified: June 01, 2010