Terms & Conditions

This website or application (“Website”) is owned and operated by Gentles Creative Group, Inc, herein referred to as “GCG” or “we” or “us.”

BY USING OUR WEBSITE YOU ARE ACCEPTING THE TERMS AND CONDITIONS (THE “AGREEMENT”) SET FORTH BELOW WHICH GOVERN THE USE OF THIS WEBSITE. IF YOU DO NOT AGREE PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH CHANGE WILL BE DEEMED ACCEPTANCE TO THOSE TERMS. THIS SITE IS INTENDED FOR AND APPLICABLE ONLY FOR RESIDENTS OF THE UNITED STATES, EIGHTEEN (18) YEARS OF AGE OR OLDER.  IF YOU ARE FROM ANOTHER JURISDICTION OR UNDER EIGHTEEN YEARS OF AGE, YOU MAY NOT USE THIS SITE.

Copyright, Trademark, and Ownership

This Website and all the materials published or otherwise incorporated on this Website (‘Content”) such as text, button icons, interfaces, images, software, illustrations, video clips, audio clips, and other video and audio files are protected by copyright, patents, trademarks, trade secrets or other proprietary rights (“Copyrights”).  Singersroom, its logo/image and the related Website design and layouts are protected as unregistered or registered trademarks and/or trade names.  Some characters, logos, media and trademarks of third parties used on our Website for editorial or other permitted purposes are also owned by third parties and subject to the same intellectual property rights and protections.  Singersroom Marks and any third party marks may be collectively referred to as (“Trademarks”).

Use of Material

Your right to use our Website and any material appearing on it is subject to your acceptance of these Terms of Use.  Modification or use of the Material for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display the material for non-commercial, personal, entertainment use only. The material and all other content on this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way for any commercial purpose unless specifically authorized by us. The use of materials on any other website, app, computer environment, or media is prohibited.

In addition, you agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Website or its material, including but not limited to any digital rights management functionality. You will not remove any proprietary notices, including copyright notices or watermarks on the materials. You agree to use the Website at your sole risk and that we will not have any liability to you for any material you may access using the Website, including any material you may find offensive, indecent or objectionable. We do not warrant the truth or validity of any information provided via the Website.

Partner Sites/Linked Sites

Running or displaying this Website or any information or material displayed on this Website in frames or through similar mean on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations. Our Website may contain links to websites that are not owned, operated or controlled by GCG. All such links are provided solely as a courtesy and convenience to you. If you use those links you will leave our Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other website. If you decide to access any other websites linked to our Website you do so at your own risk.

DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GCG, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION MAY BE OUT OF DATE AND NEITHER GCG NOR ITS AFFILIATES ASSUME ANY DUTY TO UPDATE SUCH INFORMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Limitations of Liability

GCG does not assume any responsibility, now will it be liable for any damages to, or caused by any viruses that may infect, your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL GCG, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

Your Responsibilities and Indemnities

Our Website may permit comments or invite you to submit materials to us directly or through your Social Media platform (e.g. Facebook).  Any material you post or information you submit will not be treated as confidential.  Please act responsibly when using this Website. You may only use this Website and its content for lawful purposes. You understand that all comments and/or materials submitted through this Website are the sole responsibility of the poster or sender and not GCG, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.  While using our Website you are prohibited from doing any of the following:

  • any act that libels, defames or invades the privacy of another;
  • stalking, harassing or threatening another;
  • posting anything that is obscene, pornographic, racist, abusive or offensive to another;
  • seeks to exploit or harm children by exposing them to inappropriate content or asking for personally identifiable information; or
  • violating any copyrights or trademarks of third parties.

The above-listed prohibitions are just examples of prohibited behaviors and is not intended to be an exhaustive listing of such behaviors. If you post or upload any content to this Website or provide any communication to our Website or GCG, you automatically grant and assign to us a royalty-free, perpetual, non-exclusive, unrestricted worldwide license to any rights in such content, including, without limitation, all consents necessary for its reproduction, distribution, modification, publishing or other use by this Website. You also represent that GCG will not be liable to any third party for the use or disclosure of such content.

You agree to defend, indemnify and hold GCG and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any information or content by you or your authorized users; (ii) your violation of any term of our Privacy Policy or this Agreement; (iii) violation of any third party right, including without limitation, copyright, invasion of privacy, publicity rights or other intellectual property rights; or (iv) your violation of any law, rule or regulation of the United States or any other country.

Privacy

This Agreement and the use of our Website are subject to our Privacy Policy.

Governing Law

These Terms will be governed by and construed in accordance with the internal laws of New York without regard to conflicts of laws principles.  By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New York, New York.

You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law.

Severability

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provisions will be deemed severed from this Agreement and will not affect the validity and enforceability of the remainder of the provision. This is the entire agreement between the parties relating to the Website and matters contained herein.

Claims of Copyright Infringement

If you believe that any material residing on or linked to or from this Website infringes your copyright, you must send GCG’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information:

  • Identification of the copyrighted work(s) claimed to be have been infringed;
  • Identification of the claimed infringing material and reasonably sufficient information to permit us to locate the material such as the URL(s);
  • Information reasonably sufficient for us to contact you, including your full name, phone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized and a statement made by you, under penalty of perjury, that the copyright in the work/material is owned by you, or that you are the authorized agent for the owner of the copyrighted work/material;
  • Your physical or electronic signature.

GCG’s Copyright Agent may be reached as follows:

By email – legal@singersroom.com, with “DMCA Notice” in the subject line. PLEASE BE ADVISED THAT EMAILS WITHOUT THE APPROPRIATE SUBJECT LINE OR FOR PURPOSES OTHER THAN COPYRIGHT CLAIMS MAY NOT BE ACKNOWLEDGED AND YOU MAY NOT RECEIVE A RESPONSE.

Please note, that under the Copyright Act, s.512 (f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.