Terms of Service
Important – please carefully read and understand these terms and conditions of use & sale (these “terms”) before accessing, using, subscribing, or placing an order over www.storiesinsongs.com or other of our sites that link to these terms.
These terms contain disclaimers of warranties and limitations of liabilities including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action (see sections below). Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in section 19. These terms form an essential basis of our agreement
The use of www.storiesinsongs.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Melanie Naumann - LyricMastery (“LyricMastery” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
This is a binding agreement. These terms together with our privacy statement and data processing addendum form a legally binding agreement (the “agreement”) between you (“you”) and LyricMastery . This agreement governs your access to and use of the website and the services provided by LyricMastery any order you place through the website, by telephone, or other accepted method of purchase, and, as applicable, your use or attempted use of the products or services offered on or available through the website. please print and retain a copy of this agreement for your records.
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by German and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The LyricMastery trademark and logo are proprietary marks of LyricMastery and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by LyricMastery .
Subject to your continued strict compliance with these Terms, LyricMastery provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to The Lyric Outline Generator software over the Website, LyricMastery provides you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under German and international copyright laws that are exclusively owned by LyricMastery ; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of LyricMastery ; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any software provided by LyricMastery whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to LyricMastery . You further agree not to commit or attempt any harmful or unlawful act on/through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to LyricMastery ’ reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of LyricMastery or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
UR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION
INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a LyricMastery user, you will be required to create an account with LyricMastery . You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your LyricMastery user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a LyricMastery user, such as technical information, our pricing, and data about other past or current LyricMastery users or their customers.
ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at email@example.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from LyricMastery or any related brands, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):
You must request a refund in writing by contacting firstname.lastname@example.org;
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to LyricMastery immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to LyricMastery in like-new, or re-sellable condition, as determined in LyricMastery ’ sole, reasonable discretion.
TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a free trial of LyricMastery such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers of LyricMastery and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription to LyricMastery do not qualify for a further free trial period.
LyricMastery will email a reminder that your trial is ending at least 7 days prior to you being charged. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address email@example.com. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full LyricMastery monthly membership subscription rate provided at the time of enrollment each month until you cancel. LyricMastery can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your LyricMastery subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address firstname.lastname@example.org. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to LyricMastery . For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund but we will provide you with a credit towards other LyricMastery ’ subscription services. LyricMastery in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A LyricMastery user is responsible for paying all sums due to LyricMastery in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the LyricMastery user to use any of the services available through the service provided by LyricMastery does not relieve the LyricMastery user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). If for whatever reason, we are unable to process your monthly subscription payment, we may in our sole discretion, charge you a lesser amount to “pause” your account and retain your information as we attempt to contact you for updated payment information.
If you are a LyricMastery user with a monthly or annual subscription and you have provided us with a valid credit or debit card number or an alternate payment method, each payment will be automatically processed at the time of your designated payment date (monthly or annually) and will be billed to the payment method you provided to us at the time of your enrollment. As noted above, if we do not receive sufficient funds, we may charge you a lesser amount to pause your account. If you wish to cancel your subscription to LyricMastery you may do so through your account dashboard or by emailing email@example.com at least ten (10) days before the first day of your next subscription month.
LyricMastery reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event LyricMastery starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, LyricMastery may also charge applicable value added or other tax.
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information are required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery services not owned or controlled by us. The risk of loss and title for such items passes to you upon our delivery to any third-party carrier.
PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL but are subject to change: https://lyricmastery.com. LyricMastery reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize LyricMastery to charge your account in the amount indicated for the value of the service.
LyricMastery takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that LyricMastery does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. LyricMastery ’ descriptions of, or references to, products or services not owned by LyricMastery are not intended to imply endorsement of that product or service, or constitute a warranty by LyricMastery .
DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY
Every artist is different. Therefore, individual results will vary from artist to artist. Your individual results will vary depending upon a variety of factors unique to your voice, music, and writing skills but not limited to them.
LyricMastery does not promise, guarantee, or warrant your success, income, or sales. We do not guarantee your success and based upon many market factors that we cannot control, the tips and tools we provide may or may not be applicable to your specific goals. Further, we do not make any claims that our tools and our approach will make you any specific amount of money, and it is possible that you will not earn your investment back. We do not sell an opportunity to “write hits”. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and tools purchased will take time and effort and may be applicable in some situations but not others.
YOUR RESPONSIBILITIES IN RUNNING YOUR MUSIC CAREER AND SONGWRITING
You agree that you will only use LyricMastery’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to you.
TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
LyricMastery is pleased to hear from users and customers and welcomes your comments regarding our services and products. LyricMastery may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to LyricMastery ’ services or products, in printed and online media, as LyricMastery determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to you beyond LyricMastery ’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant LyricMastery a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them.
Additionally, LyricMastery reserves the right to correct grammatical and typing errors, shorten testimonials prior to publication or use and review all testimonials prior to publication or use. LyricMastery shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
DISCLAIMERS OF OTHER WARRANTIES
Except where otherwise inapplicable or prohibited by law: the website and all content are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website. We do not represent or warrant, and expressly disclaim that: (a) the use of the website or any software will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data, (b) the website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
LIMITATIONS OF LIABILITIES
Except where otherwise inapplicable or prohibited by law, in no event shall LyricMastery or any one who works for LyricMastery be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement including the privacy statement, the services or products, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether LyricMastery has had notice of the possibility of such damages, fees, costs, or claims. this includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. this applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.
In no event shall LyricMastery ’ liability to you or your business exceed the amount of three (3) times the payments paid by you to LyricMastery for the month preceding the date in which the facts giving rise to a claim against LyricMastery occurred or two-thousand dollars ($1,000), whichever is greater.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read this arbitration provision carefully to understand your rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would.
If you have a complaint, dispute, or controversy, you agree to first contact us at firstname.lastname@example.org to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by der Deutschen Schlichtungsstelle, and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 17 and 18 below. The arbitration will be conducted by a single neutral arbitrator in the German language in Dresden, Germany unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or if the parties cannot agree, chosen in accordance with Rules of the Deutsche Schlichtungsstelle. The arbitration will be conducted in accordance with the provisions of the Deutsche Schlichtungsstelle's Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The Deutsche Schlichtungsstelle’s Rules are available at https://www.deutsche-schlichtungsstelle.de/ or by calling 49-0911/810 481-8650. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or LyricMastery .
Payment of all filing, administration and arbitrator fees will be governed by the Deutsche Schlichtungsstelle’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of Germany without regard to its conflicts of laws principles.
You and LyricMastery agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and LyricMastery expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under German law.
This provision survives termination of your account or relationship with LyricMastery bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
LyricMastery ’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to LyricMastery in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of LyricMastery or a third-party, LyricMastery shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Saxony, Germany restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting LyricMastery from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Saxon, Germany for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless LyricMastery its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send LyricMastery a notice requesting that LyricMastery remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send LyricMastery a counter-notice. Notices and counter-notices should be sent to LyricMastery by e-mail to email@example.com.
The Website may contain links to other websites. LyricMastery assumes no responsibility for the content or functionality of any non-LyricMastery website to which we provide a link. Please see our Privacy Statement for more details.
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of LyricMastery or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. This Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with LyricMastery . Upon termination, you remain responsible for any outstanding payments to LyricMastery .
No failure or delay on the part of LyricMastery in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by LyricMastery .
GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning LyricMastery including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of Saxony, Germany without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 16 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Saxony, Germany, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.
LyricMastery will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
LyricMastery may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without LyricMastery ’ (or its assigns’) express written consent.
All information communicated on the Website is considered an electronic communication. When you communicate with LyricMastery through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://www.lyricmastery.com/terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
These Terms, the Privacy Statement, and any policies or operating rules posted by us on the Website or with respect to the Website constitute the entire agreement and understanding between you and LyricMastery and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and LyricMastery . We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to firstname.lastname@example.org .
If you have any questions or inquiries concerning these Terms, you may contact LyricMastery by email at email@example.com .
For additional inquiries, please feel free to send an email to the relevant address listed below.
Spam or Abuse: firstname.lastname@example.org
For General Support and Inquiries: email@example.com
Notices to you may be made by posting a notice (or a link to a notice) on https://www.storiesinsongs.com/terms and such other sites we own and control, by email, or by regular mail, at LyricMastery ’ discretion.
COMMISSIONS PROGRAM AND INDEPENDENT AFFILIATE PROGRAM
LyricMastery may offer you an opportunity to become an independent LyricMastery affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for LyricMastery membership accounts that you sell to other users subject to your acceptance of the terms of the LyricMastery Affiliate agreement (the “Affiliate Agreement”). LyricMastery reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Affiliate Agreement. For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of LyricMastery. Affiliates have no authority to act on behalf of or bind LyricMastery. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred.
To find out more information about the Affiliate program and the additional terms that apply, please click here. For avoidance of doubt, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly provided otherwise.
LYRIC MASTERY CIRCLE
The following Terms and Conditions govern the agreement (“Agreement”) between You (the purchaser of the Lyric Mastery Circle Offer (the “Offer”)) and LyricMastery, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“LyricMastery”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and LyricMastery are each referred to as a “Party” and collectively as the “Parties.”
The Offer includes a monthly subscription for the Weekly Lyric Mastery Circle, and is subject to the following terms and conditions:.
1. PAYMENT TERMS. You authorize LyricMastery to process the credit card information you have provided to LyricMastery, in the amount of $97 on an indefinite monthly basis, following the initial 30-day free trial period. You acknowledge and agree that the Offer purchase does not include any other service, product, or expense, other than as set forth herein.
2. 30-DAY FREE TRIAL. During the first 30 calendar days from when You sign up for the Offer, you have the right to cancel the subscription in the Offer without further liability. After the first 30 days of the Offer acceptance by You, you will not be entitled to any refund of monthly amounts paid for the subscription.
3. NO INCOME CLAIMS. You agree that neither LyricMastery, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Offer, and that You have not been induced to enter the Agreement as a result of any income claims.
4. TERM. The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement. Any extension or expansion of the Offer may require you to make additional payments.
5. INTELLECTUAL PROPERTY. LyricMastery retains all right, title and interest in any and all intellectual property related to or associated with the Offer and its services, including without limitation:
(a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of Germany. You understand and agree that neither the Agreement nor the services under the Offer by LyricMastery shall constitute a transfer, assignment, or license of any intellectual property rights from or by LyricMastery. You acknowledge that the content of the Offer services, including without limitation the materials and information provided to You as education, is confidential and proprietary to LyricMastery; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from LyricMastery to any other person.
6. CONTACTS. By signing the Agreement and providing Your credit card information, You agree that LyricMastery may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre- recorded messages, and that this consent is not a condition of purchase.
7. INDEMNITY. You agree to protect, defend, indemnify and hold harmless LyricMastery, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by LyricMastery to You.
8. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL LyricMastery’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO LyricMastery IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
9. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
10. YOUR REPRESENTATIONS. You represent and warrant that: (a) You are a songwriter with good intentions, and are purchasing the Offer for Your existing music career; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify LyricMastery immediately if any investigation or lawsuit is threatened or filed against You, whereupon LyricMastery shall have the right to terminate the Agreement and these Terms and Conditions without liability.
11. MODIFICATIONS TO THE OFFER SERVICES. LyricMastery reserves the right to change, cancel, or terminate the Offer or subscription service at any point in time, without notice to You. Furthermore, LyricMastery may revoke Your access to the subscription or the Offer perks for any breach of this Agreement, any breach of the LyricMastery Terms of Service or End User License Agreement (which can be accessed on www.LyricMastery.com, or for such other reason as LyricMastery determines in its absolute and sole discretion.
12. NO AGENCY. You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of LyricMastery (or LyricMastery).
13. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against LyricMastery shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by LyricMastery within a reasonable time of You giving notice of arbitration to LyricMastery. Arbitration shall be held in Bautzen, Germany. You agree not to file suit in any court against LyricMastery, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the German Law. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents LyricMastery from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect LyricMastery’s interest prior to, during, or following the filing of any arbitration or other proceeding.
14. WAIVER OF CLASS ACTION You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or LyricMastery. Claims brought against LyricMastery may not be joined or consolidated with claims brought by anyone else.
15. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of Germany without regard to any choice of law provisions.
16. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
17. NO ASSIGNMENT. The Agreement cannot be assigned by You to another party without the express written consent of LyricMastery.
18. OTHER TERMS. This Agreement includes the terms and conditions set forth on www.LyricMastery.com. In the event of conflicting terms, this Agreement shall govern.
LYRIC MASTREY INTENSIVE
In addition to what has been stated regarding the terms of the condition of the Lyric Mastery Circle, the money-back guarantee applies only to those who have purchased the Intensive for the full price. Those who chose the payment plan are excluded from the money-back guarantee.
To be eligible for the money back guarantee you have to go through the weekly trainings and complete the practice assignments. Therefore, when you ask for a refund, I will ask you to send me your completed assignments so I can see you actively engaged in the program.
I recommend you do not apply to join the program if you cannot commit to going through the weekly 90-minute training and completing the weekly practice assignments.
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