Terms and Conditions of www.singist.com

1. Terms

By using or visiting the Singist website or any Singist products, software, data feeds, and services provided to you on, from, or through the Singist website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Singist Privacy Policy, found at https://www.singist.com/privacy and incorporated herein by reference, and (3) Singist's Community Guidelines, found at http://www.singist.com/terms and also incorporated herein by reference. If you do not agree to any of these terms, the Singist Policy, or the Community Guidelines, please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.singist.com/terms). Singist may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Accounts

In order to access some features of the Service, you will have to create a Singist Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Singist immediately of any breach of security or unauthorized use of your account.

Although Singist will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Singist or others due to such unauthorized use.

3. Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Singist, including but not limited to all products, software and services offered via the Singist website, such as the Singist profiles, the Singist Video Players the Singist upload function and other applications.

The Service may contain links to third party websites that are not owned or controlled by Singist. Singist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Singist will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Singist from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

4. Permissions and Restrictions

Singist hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Singist's prior written authorization, unless Singist makes available the means for such distribution through functionality offered by the Service.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means or other explicitly authorized means Singist may designate.
  4. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Singist servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Singist grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Singist reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. Singist reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Singist, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Singist on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Singist or the respective licensors of the Content. Singist and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Singist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Singist with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Singist, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

As a Singist account holder you may submit Content to the Service, including videos and user comments. You understand that Singist does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Singist all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Singist, you hereby grant Singist a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Singist's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Singist may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Singist all of the license rights granted herein.

You further agree that you will not submit to the Service any Content or other material that is contrary to the Singist Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

You may not post fan mail that has profanity or a negative connotation. Fan mail is meant for encouragement for the singers and Singist holds the rights to ban any user that does not follow this guideline.

Cover Songs on Singist

Any music content that you own the rights to and have submitted to the Singist website may be cover versioned on Singist. You may only submit content that you hold the rights to and are held repsonsible. Singist users may only cover version music and videos that has been submitted on the Singist website and may only submit cover version content on Singist. Users are not allowed to submit any cover version content on any media outlet such as tv, advertising, websites, phones apps, print.

Singist does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Singist expressly disclaims any and all liability in connection with Content. Singist does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Singist will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Singist reserves the right to remove Content without prior notice. Singist is committed to helping copyright holders find and remove allegedly infringing content from our platform. We are interested in cooperating with copyright owners in removing material that they believe to be infringing and provide Singist with information reasonably sufficient to permit us to locate and remove that material.

Submit a copyright takedown notice

If you believe your copyright-protected work was posted on Singist without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and simplest way to notify Singist of alleged copyright infringement is here.

Copyright takedown basics

If you get a copyright takedown, that means your video has been taken down from Singist because a copyright owner sent us a complete legal request asking us to do so. When a copyright owner formally notifies us that you don’t have their permission to post their content on the site, we’re required by law to take down your upload. Keep in mind, videos can be removed from the site for different reasons, not all of which are copyright-related.

7. Contest Rules

Entering Contest

In order to enter the contest you must signup for Singist first. After you singup, There are two ways you can enter the contest. You may audition and be selected to enter or skip the audition with the Performer Plan. We are currently accepting United States and United Kingdom citizens only right now. We are adding more countries very soon, so check back or email us. You must be at least 18 or older to enter competition. The performer plan is $12/month and allows you to upload your video to the website, edit your performer profile, and more.

Video Creation Rules

Cover Songs

You are allowed to upload a cover song written by a Singist Performer. You may only cover songs from Singist performers that have been uploaded to the Singist website.

Auditions

Auditions are another way that Singist lets performers into the contest. To audition all you will need is a Singist account. Before auditioning it is recommended to read the contest rules first. There are some key rules to keep in mind before you audition:

Voting and Rules for Voting

Registered users can vote on videos that they like the most. Social media sharing is encouraged to help increase votes for your videos. The top 3 highest videos will be chosen as winners at the end of the month. A single user can not win more then one video entry.

Winning

Each contest will run from the beginning of the month to the end. will get a shout out to our 14K fans twitter fans and our 904 facebook fans, 2nd will get a shout out to our 14K fans twitter fans, will get a shout out to our 904 facebook fans.

Cheating

This is a competition and there are cheaters. We will not tolerate cheating in any way. Votes must be from real human accounts and any kind of fake account will not be accepted. We have created a system to identify fake from real accounts. If you are caught cheating, your account will be banned and your entry fee will not be returned.

Payouts

In order to receive payouts for earnings through Singist, you must connect a bank account with our Stripe payment system. Stripe is a highly reputable and secure way of accepting payments online. Stripe has been certified to PCI Service Provider Level 1

Stripe forces HTTPS for all services, including our public website. All account numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines. For more information on Stripe's security go here.

To help avoid criminal activity and money laundering, it's important that anybody we send money to be verified. Stripe will verify all information that is required. Singist is also required to send 1099-MISC to any performer that earns over $600 in revenue.

Transfers to bank accounts can take 1 to 2 days to complete. You must have performer account before you can connect your account to recieve payments. You can setup the connection in either two ways:

Important! If you do not setup your stirpe payout before the payout date (5th of every month), your earnings for that month will be forfeited. For example if you win the contest, you have not setup your payout connection by the 5th of the month or your earnings for that month will forfeited back to Singist - Earning payout balance will be set to $0. Our payout system is setup to payout the 5th of every month (or following business day).

8. Purchasing

You can buy and sell songs on Singist. Users must have a Singist account to be able to purchase any music. If you are looking to sell music, you must have a performer account. Users can purchase songs in two ways. The first is through a single transaction by credit or debit card. The second is through using a prepaid deposit (50% off discount).

Selling Songs

Any song uploaded to Singist to purchase MUST BE ORIGINAL MUSIC. You can not use any music that has been written by anyone else except for yourself.

By Selling music on Singist you still get to keep the rights to your own music. Singist in no way owns, sells or transfers the master recordings. Here is a quick list of the song creation rules.

Song/Album Creation Rules

Listen License

a. Agreement

By uploading songs to Singist you agree to sell your music under Listen License. Users who purchase songs from Singist are also accepting these terms and conditions.

The listen license grants users to be able to purchase and listen to music only. This license covers all rights in the song you purchased from Singist including its musical composition and sound recording (collectively, the “music”). This license excludes music acquired under Singist Indie License or any other Singist music license. By accepting any music products or files from Singist, you acknowledge and agree to the terms, conditions and limitations of use contained in this Music License Agreement. If you do not agree to the terms, conditions and limitations of this license, please do not create a Singist user account, purchase songs, or upload music to Singist. Your receipt of the downloaded music file indicates your full agreement with the Singist Listen License Agreement.

It is specifically understood and agreed that Singist does not grant, sell or otherwise transfer any ownership of Copyright, Publishing or Master Recordings for any of its musical works contained on its websites, packaged products, electronic storage or the like.

Unauthorized use or duplication is a violation of this agreement and of applicable laws of the United States of America and other countries. In the event of your breach of this License Agreement, legal action may be taken against you in accordance with copyright and other applicable laws. Only licenses generated from Singist, its websites and authorized dealers are valid.

b. Rights Granted

You are authorized to:

c. Limitations

You are not authorized to:

Synchronize the music in timed relation with other audio/visual content and display/perform such productions on your own Internet website and on video-sharing websites (such as Vimeo, Facebook, YouTube, etc.)

Copy, duplicate, provide access to, sell, lease, loan, act as reseller or distributor, or give away unsynchronized (not part of a media project) music from Singist by any means including the world wide web, email, streaming audio, peer-to-peer file sharing, "Bit Torrent" websites or through any Sampling instrument or product, or any delivery method now known or which shall become known.

You may not share Singist music between users of any kind, including other Singist users. Provide remote access to unsynchronized music from Singist to any location for any purpose whatsoever. Display audio/visual content synchronized with Singist music on multiple websites or third- party websites except as indicated above (video-sharing websites).

Monetize or otherwise allow ads to be placed through a video-sharing website (such as YouTube, Facebook, Vimeo, etc.) or in any way collect money from a video-sharing website for the performance or display of any video containing Singist music.

Add lyrical or vocal content with lyrics, sung (or “rapped”) in coordination with the harmony and rhythm of the Singist music track, or in any way create a derivative copyright or add new musical material to the original music. (This clause does not apply to any dialogue or narration associated with the movie itself).

d. Performing Rights

Except as expressly set forth in the Rights Granted section, this Music License Agreement does not include clearance for Performing Rights, which are governed by Performance Rights Organizations (PRO) such as ASCAP and BMI, and similar organizations in countries throughout the world.

This section, Performance Rights, is intended to clarify the rights associated with Performance Rights Organizations and does not grant or impart any rights not granted in the Rights Granted section above, nor alter or amend any excluded or limited rights in the Limitations section above. Your acceptance of the delivery of the music is your agreement of all of the terms, conditions and limitations herein.

Termination. This License is perpetual. However, if Licensee breaches the License, Licensor reserves the right to terminate the License immediately.

Intellectual Property. As between the parties, Licensor owns all right, title, and interest in and to the Licensed Tracks. Except as expressly set forth in this License, nothing contained herein shall be deemed to convey or transfer to Licensee any interest, including copyright, in any Licensed Tracks hereunder. All rights not expressly granted by Licensor to Licensee pursuant to this License are specifically reserved by Licensor.

Royalties. Licensor provides the above license on a royalty-free basis for use on the Singist.com website ("Singist.com"). However, for performance or distribution of the Work other than on Singist.com, royalties and fees may be due to third party performing rights organizations, unions or guilds, and/or similar rights organizations or collection societies.

Licensee's Representations and Warranties. Licensee hereby represents and warrants that it is of legal age in its jurisdiction and that it has the power, capacity and authority to enter into this License. If Licensee is entering into this License on behalf of an organization, Licensee represents and warrants that it has the authority to bind that organization, in which case "Licensee" shall mean that organization.

Licensor's Representations and Warranties. Licensor hereby represents and warrants that: (a) Licensor has the power, capacity, and authority to enter into this License; (b) Licensor has all necessary rights (including consents, authorizations, licenses, and permissions) to license the Licensed Tracks (including all rights in the musical composition and master recording) to Licensee under the terms hereof; and (c) Licensee's exercise of rights hereunder will not infringe any third party's intellectual property rights.

Indemnification: Licensee agrees to indemnify and hold harmless Licensor from and against any claim, loss, damage, cost and expense (including reasonable attorneys' fees), arising out of any third party claim arising out of a breach of this License by Licensee.

Limitation of Liability. LICENSOR'S MAXIMUM LIABILITY TO LICENSEE UNDER ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF THE FEE LICENSEE PAID FOR THE LICENSE.

General. This License: (a) contains the entire agreement between Licensee and Licensor and supersedes any prior agreements relating to the subject matter hereof; (b) is severable; (c) is binding on permitted successors and assigns; and (d) is governed by the law of the State of Washington (without regard to conflicts of law principles). If Licensee is creating a Work on behalf of a third party, it may assign this License to that third party without Licensor's prior written consent. In all other cases, Licensee may assign this License only after consultation with Licensor, and the parties mutually agreeing on any additional terms relating to the assignment, including, without limitation, the payment of any additional fees. Any dispute arising out of or relating to this License shall be commenced in the federal or state courts located in King County, Washington. In any such dispute, the substantially prevailing party shall be entitled to its reasonable attorneys' fees. No modification or waiver of this License will be binding unless made in a writing signed by Licensee and one of Licensor's duly authorized representatives. No failure by Licensor to exercise a right or remedy shall be deemed a waiver of any further right or remedy.

9. Sponsor

You may become a sponsor on Singist. Select a plan that fits best for you. Depending on the plan that you select you will be able to create sponsor posts that get placed by most recent at the top. Sponsor payments are made monthly and sponsor posts refill to their original amount on the first of every month. Payments are split 50% goes to the money pot that gets payed out to Singist winners every month and 50% goes to Singist, to keep us going. There are currently three sponsor plans. Go here to signup.

Clicks are tracked and reported on the sponsor -> account of your user account.

You are allowed to edit a post within 5 minutes after first creating it (Edit link appears on account -> sponsor page). After that time you may not edit it.

Sponsor rules are subject to change with notice before ending month. New rules will apply to the following month.

10. Disclaimer

  1. The materials on Singist's web site are provided "as is". Singist makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Singist does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

11. Limitations

In no event shall Singist or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Singist's Internet site, even if Singist or a Singist authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

12. Revisions and Errata

The materials appearing on Singist's web site could include technical, typographical, or photographic errors. Singist does not warrant that any of the materials on its web site are accurate, complete, or current. Singist may make changes to the materials contained on its web site at any time without notice. Singist does not, however, make any commitment to update the materials.

13. Links

Singist has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Singist of the site. Use of any such linked web site is at the user's own risk.

14. Site Terms of Use Modifications

Singist may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

15. Governing Law

Any claim relating to Singist's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Please take a look at our Privacy Policy