TERMS OF SERVICE AGREEMENT

BETWEEN

SongWriterVault.com (hereinafter referred to as the “Company,” “Site,” “We,” “Us,” or “Our”) (Earl Alexander Enterprises, LLP.)

AND

User (hereinafter referred to as “User,” “You,” or “Your”)

EFFECTIVE DATE: [1/15/2014]

ARTICLE I. INTRODUCTION AND ACCEPTANCE

1.1. Binding Agreement By accessing, browsing, or utilizing this Site, the User hereby agrees to be legally bound by the terms, covenants, conditions, obligations, and stipulations set forth in this Terms of Service Agreement (hereinafter “Agreement”).

1.2. Capacity to Contract The User affirms that they are of legal age of majority within their jurisdiction and possess full legal capacity and competence to enter into a binding agreement.

1.3. Modification of Terms The Company reserves the unfettered right to amend, modify, revise, or otherwise alter the terms herein without prior notice. Continued use of the Site constitutes acceptance of any and all modifications.

ARTICLE II. DEFINITIONS

2.1. “Digital Goods” shall mean all downloadable files, music, beats, templates, sound kits, or any non-physical content offered through the Site.

2.2. “Membership Services” shall mean any subscription-based or recurring billing access to Digital Goods.

2.3. “Content” shall mean all text, images, audio, video, or other materials displayed, sold, or otherwise made available by the Company.

2.4. “Account” shall mean the User’s registered profile granting access to purchases, downloads, and services.

ARTICLE III. DIGITAL GOODS: NO REFUNDS; NO RETURNS

3.1. Final Sale All sales of Digital Goods are hereby deemed final and absolute. No returns, refunds, exchanges, or credits shall be issued, irrespective of User dissatisfaction, device incompatibility, or User error.

3.2. Delivery of Goods Access to Digital Goods is effectuated at the moment access credentials are provided, download links are activated, or services are otherwise made available. Delivery is conclusively deemed complete at that juncture.

3.3. Waiver of Cooling-Off Period User expressly waives any right to rescind or revoke the transaction under any statutory “cooling-off” laws or regulations.

ARTICLE IV. MEMBERSHIPS: RECURRING BILLING AND CANCELLATIONS

4.1. Automatic Renewal All Membership Services are subject to automatic renewal and recurring billing.

4.2. Cancellation Responsibility User bears sole and exclusive responsibility for cancelling any Membership prior to renewal via their Account settings.

4.3. No Cancellation via Email User acknowledges that an email request shall not constitute an effective notice of cancellation. Cancellation must occur within the User’s profile on SongWriterVault.com.

4.4. Non-Refundable Renewal Charges Failure to timely cancel shall result in renewal charges, which are non-refundable and binding.

ARTICLE V. INTELLECTUAL PROPERTY

5.1. Ownership All Digital Goods and Content remain the exclusive intellectual property of the Company.

5.2. License Grant Upon purchase, User is granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Digital Goods solely for lawful personal or professional purposes as described at the point of sale.

5.3. Prohibited Uses Without limiting the generality of the foregoing, User shall not:

Resell, redistribute, or relicense Digital Goods;
Reverse-engineer, decompile, or create derivative works based on any Digital Goods;
Use Digital Goods in any unlawful or defamatory manner.

5.4. Copyright Enforcement The Company vigorously enforces its intellectual property rights to the fullest extent permitted by law, including civil litigation and criminal prosecution where applicable.

ARTICLE VI. USER OBLIGATIONS

6.1. Lawful Use User shall utilize the Site, Content, and Digital Goods strictly in accordance with all applicable local, state, national, and international laws, statutes, ordinances, and regulations.

6.2. Account Security User shall maintain the confidentiality of their login credentials and shall be responsible for all activity conducted under their Account.

6.3. Prohibited Conduct User shall not:

Engage in unauthorized access, hacking, or exploitation of the Site;
Impersonate any person or entity;
Disrupt, interfere with, or cause undue burden on the Company’s systems.

ARTICLE VII. DISCLAIMERS AND LIMITATION OF LIABILITY

7.1. No Warranties The Site and Digital Goods are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied.

7.2. Limitation of Liability To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages arising out of or relating to use of the Site or Digital Goods.

7.3. Force Majeure The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government actions, internet failures, or technological interruptions.

ARTICLE VIII. INDEMNIFICATION

8.1. Hold Harmless User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, agents, and licensors from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising from or related to:

User’s use or misuse of the Site or Digital Goods;
User’s breach of this Agreement;
User’s violation of any third-party rights.

ARTICLE IX. DISPUTE RESOLUTION

9.1. Arbitration Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association (“AAA”).

9.2. Venue The arbitration shall be conducted in [Insert Jurisdiction, e.g., Dallas County, Texas].

9.3. Class Action Waiver User expressly waives the right to participate in any class action or representative proceeding.

ARTICLE X. MISCELLANEOUS

10.1. Severability If any provision of this Agreement is determined to be unlawful, void, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

10.2. Entire Agreement This Agreement constitutes the entire understanding between the User and the Company and supersedes all prior understandings, agreements, representations, and warranties, both written and oral.

10.3. Waiver No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

10.4. Assignment The Company may assign its rights and obligations under this Agreement without restriction. The User may not assign or transfer any rights herein without prior written consent.

10.5. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to conflict of laws principles.

By using SongWriterVault.com, You affirm that You have read, understood, and consented to be bound by the foregoing Terms of Service.

Basic Terms of Service for SongWriterVault.com

Effective Date: 1/15/2014

Welcome to SongWriterVault.com (“Site,” “we,” “our,” “us”) (Earl Alexander Enterprises, LLP.) By using this Site, purchasing any digital products, or subscribing to any memberships, you agree to the following Terms of Service. Please read them carefully.

1. Digital Products

All products sold on SongWriterVault.com are digital goods. Once access is granted or products are downloaded, delivery is considered complete.
No returns or refunds are available for digital products under any circumstances. Please review all product descriptions carefully before purchasing.

2. Memberships & Recurring Billing

Memberships offered through SongWriterVault.com are recurring subscriptions, billed on a [monthly/annual] basis depending on the plan you select.

Cancellation Policy:
You are responsible for managing and cancelling your membership prior to your next billing date to avoid being charged for the next cycle.
Memberships can be cancelled by logging into your account at SongWriterVault.com and following the cancellation instructions within your profile settings.
A guide titled “How do I cancel my SongWriterVault Membership?” is also available on our FAQ page for your convenience.
Important: Due to a high volume of inquiries, emailing a cancellation request does not guarantee that your membership will be cancelled in time. You must cancel through your account directly.

No refunds will be issued for charges incurred due to failure to cancel before the renewal date. Access to digital downloads will continue until the end of your paid billing period.

3. Access and Delivery

Access to digital downloads, products, or services is granted immediately following the purchase or activation of an active membership.

Digital products are non-returnable and non-refundable once access is provided.
We are not responsible for user errors, such as failing to download or save digital content before membership expiration.

4. Support and Communication

While we strive to assist our users, we cannot guarantee response to every email due to volume.

Please refer to our FAQ page for guidance on common questions and membership management.
We encourage you to resolve account-related issues through your account dashboard whenever possible.

5. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. Changes will be effective immediately upon posting on this page. Continued use of the Site after any such changes constitutes your acceptance of the new Terms.

6. Contact Information

For general inquiries, please contact us via the form located on the Contact page. Again, for cancellation requests, please cancel directly through your account profile as described above.