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Terms of Service

The LyricMerch service is owned and operated by LyricFind Inc. (“LyricFind”).  The Service permits you to select portions of your favorite lyrics or the titles of your favorite compositions (collectively, the “Lyrics”) and to have them reproduced on various types of merchandise items (“Products”) to be manufactured on an on-demand basis and shipped to you.

The following terms and conditions are a binding legal agreement (the “Agreement”) between you and LyricFind.  This Agreement governs all use of the www.lyricmerch.com and www.lyricmerch.ca websites (each, the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”).

The Service is offered subject to acceptance by you (the “User”) of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by LyricFind.

It is important you read the agreement below. Using this Service means that you accept this Agreement. If you do not agree with its terms, then do not use this Service.

  1. Registration and User Accounts

Each user (“User”) of the Service must register on the Site (including submitting all requested personal information including an email address and a password) in order to access and enjoy the benefits of the Service. A User may cancel its membership at any time by canceling it online on the Site. A user shall not use another User’s Service account without permission from that User. Each User is solely responsible for all activity that occurs on such User’s account, and User must keep its account password secure. User must notify LyricFind immediately of any breach of security or unauthorized use of its account. LyricFind shall not be liable for any losses caused by any unauthorized use of its password or User’s account, and User may be liable for the losses of LyricFind or others due to such unauthorized use.

User hereby certifies to LyricFind that User is an individual and at least 18 years of age. User also certifies that it is legally permitted to use the Service, and that it takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

  1. Creating and Uploading Designs to the Service

You may create or upload designs to the Service via the design interface provided on the Service.  Should you choose to make such designs public, you hereby authorize Users to select all designs that you upload to the Service to be reproduced on Products that they purchase.

You retain the copyright in any design you upload to the Service, and you hereby grant to LyricFind a non-exclusive, royalty free, perpetual and worldwide license to permit the design to be reproduced, displayed and archived on the Service, to be reproduced on Products to be manufactured and sold as requested by Users, and to be otherwise used as contemplated by this Agreement. You waive all right to any compensation with respect to all such uses of your design(s).

When you upload any design to the Service, you license LyricFind to use and sub-license the design in accordance with this Agreement and you represent and warrant that:

You, and not LyricFind, are entirely responsible for all designs that you upload for sale as Products or otherwise make available via the Service.

If you believe that content or other material residing on or accessible through the Service infringes your copyright, please send a notice of claimed copyright infringement to us.

LyricFind reserves the right in its sole discretion to review and to remove any design from the Service and/or to cancel your account, if any design breaches this Agreement and/or violates any applicable laws, or otherwise.

  1. Purchasing a Product on the Service

Users can select a Lyric that is made available on the Service and/or design to be manufactured on a Product and User may purchase such Product from the Service using a valid credit card or the PayPal system.

The price for a particular Product will be displayed on the Service and is fixed at the time of ordering.  You may not cancel an order once it has been submitted.

It is your responsibility to ensure that the product delivery address that you provide is correct. LyricFind takes no responsibility for any Product that you do not receive because of an error in the delivery address that you provide.

LyricFind does not endorse or make any representation or warranty about or recommend any design offered or provided by any User.

  1. Your Instructions to Cancel Any Incorrect Orders

You acknowledge that despite LyricFind’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information or may be unavailable. You acknowledge that LyricFind cannot facilitate an order where such error exists, and you hereby instruct us to cancel such an order and take other appropriate action.

You authorize LyricFind to cancel an order if it believes that it is being made in contravention of this Agreement or of the rights of any third person or any law. LyricFind may cancel an order even if it has been confirmed and the User’s credit card or other payment method has been charged. LyricFind reserves this right up until the time of delivery of the Product to you.  If a cancellation of this nature occurs after you have been charged for a Product, LyricFind will credit your method of payment for the amount in question.

  1. Delivery

Delivery of Products will be facilitated pursuant to your instructions by postal or courier service and will be paid for by you at the price indicated at the time of purchase.

LyricFind will charge shipping and handling charges to you which will vary depending upon various factors such as the size and price of the Product.

  1. Modifications

LyricFind reserves the right in its sole discretion to modify this Agreement or the Service at any time. User shall be responsible for reviewing and being familiar with any such modifications. Use of the Service by the User following such modification on the Service constitutes User’s acceptance of the terms and conditions of all such modifications.

LyricFind also may change, modify, suspend or discontinue the Products, services, fees, charges and terms at any time, including the availability of any feature, or content.

LyricFind also may impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability.

  1. Content and Copyright policy

Only such Lyrics as LyricFind makes available on the Service shall be used by User hereunder.  Lyrics are copyright subject matter that are owned by other third parties.  You may make no use of any Lyrics except as expressly authorized in the Service.  All rights to Lyrics hereby are reserved, except as expressly authorized in the Service.

You agree that the Service contains proprietary information and material that, as between you and LyricFind, the Service and all such propriety information and material is owned by LyricFind and is protected by applicable intellectual property and other laws including, but not limited to, copyright and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

All copyrights in and to the Service are owned by LyricFind, which reserves all of its rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

LyricFind, the LyricFind and LyricMerch logos, and other LyricFind trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of LyricFind, Inc. in the U.S., Canada and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

We respect the intellectual property rights of others, and we require Users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce same to the fullest extent of the law. The Service is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Service including, without limitation, notices on any design or other content you provide to the Service. Except to the extent expressly authorized by LyricFind, you shall not, nor shall you allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, transmit, disseminate, broadcast or otherwise use any content without the express, prior written consent of LyricFind. Any unauthorized or prohibited use of any content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties.

  1. Responsibility of Users

Violation of any of this Agreement or other rules will result in the termination of your LyricFind account.

LyricFind and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any design or other content available via the Service. Without limiting the foregoing, LyricFind and its designees shall have the right to remove any designs and other content. You agree that you must evaluate, and bear all risks associated with, the use of any designs and other content.

Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted designs or other Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. The User is responsible for providing LyricFind with accurate information. If the User has provided LyricFind with inaccurate or false information, (a) the User shall be liable to LyricFind for damages and losses arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses to LyricFind, and (c) LyricFind shall have the right to charge User for such damages and losses (including, but not limited to,  applicable taxes).

  1. Payments and fees

LyricFind may save User’s credit or debit card information and use it for all future shipments and charges, which may automatically be charged to the saved card, unless User notifies LyricFind through the Site. When you order a Product, you will be charged the then current price, which we may change from time to time (such as when we have holiday sales or offer you discount of base product price). We may choose to temporarily change the price for promotional events or other reasons, and such changes are effective when we post the revised price on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.

We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Service. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered. Payment of the total amount due must be made in full before dispatch of your Products.

  1. Local Taxes

User is responsible for all sales taxes (as applicable) and to provide any requested tax certificates or other documentation.

  1. Shipping and Returns

Once you have clicked on the “confirm” button, it is not possible edit or cancel your order. If you want to change some parameters, your address, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to your account for Products claimed as damaged or not received are subject to LyricFind investigation and discretion.

The risk of loss and title for such items pass to you upon our delivery to the carrier. It is then your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case LyricFind will not make any refunds and will not resend the Product.

If a Product is delivered to you that is damaged, LyricFind will at your request issue a replacement copy of the Product after receiving reasonable proof of that damage.

LyricFind will review replacement/return requests only (a) if there is a missing or broken Product, and (b) if LyricFind receives a complaint within 14 days from the day the Product was delivered to the Customer (or within 30 days after the estimated delivery date, if the Product is missing).

  1. Description of products

All Products available for purchase are described on their specific design page on our Site. We reserve the right to amend the specifications of Products, their price, packaging and any associated elements at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.

We try to provide you with accurate images and descriptions, but unfortunately cannot guarantee that colours and the details in online images are 100% accurate representations of the product, and sizes might in some cases be approximate.

  1. Purchase of products

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract.

LyricFind shall under no circumstances be held liable for any special losses due to specific circumstances of the User, indirect or consequential losses or wasted expenditure.

Orders are placed and received exclusively via the Service. Before ordering from us, it is User’s responsibility to check and determine full ability to receive the Products. Your correct address and postal /zip code, and your up-to-date telephone number and e-mail address are necessary to ensure successful delivery of Products.

All information asked for on the checkout page must be filled in precisely and accurately. LyricFind will not be responsible for missed delivery because of a wrong delivery address or an inaccurate phone number. Should you like to ask for a change in the delivery address, change in a phone number or any other special requirements, please contact LyricFind.

  1. Delivery

We deliver to Users in the United States and Canada. User is responsible for delivery prices. Delivery prices are in addition to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try to make delivery of Product as simple as possible.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

  1. Release

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes. You agree that LyricFind has no control over and does not guarantee the delivery of the Products and that LyricFind shall be released from any and all damages resulting from the failure to receive any benefits that may have been anticipated.

  1. Indemnity

You will indemnify and hold LyricFind (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach or alleged breach of this Agreement, and representations or warranties hereunder, or your violation of any law or the rights of a third party.

  1. Disclaimer of Warranties; Liability Limitations

LYRICFIND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE AND ITS CONTENT IS ACCRUATE OR COMPLETE, AND YOU AGREE THAT FROM TIME TO TIME LYRICFIND MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND FROM LYRICFIND OR OWNERS OF ANY CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO CASE SHALL LYRICFIND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS OR OWNERS OF ANY CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY SOFTWARE, CONTENT, INFORMATION, MATERIAL OR PRODUCT OR FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY THERETO INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES. . BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LYRICFIND’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF INFORMATION AND CONTENT IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK, AND LYRICFIND HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION OR CONTENT IN ANY WAY.

NEITHER LYRICFIND NOR ANY OWNER OF CONTENT REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LYRICFIND DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

  1. Law and Jurisdiction

If a dispute arises between you and LyricFind, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute.

This Agreement shall be governed by the laws of the Province of Ontario as applied to agreements entered into and performed within Ontario by residents of that state without giving effect to its conflict of law rules and any and all legal proceedings to enforce this Agreement shall be brought only in the provincial or federal courts sitting in the City of Toronto, Ontario, the parties hereto hereby waiving any claim or defense that such forum is not convenient or proper, and accordingly, each party agrees that any such court shall have in personam jurisdiction over such party and consents to service of process in any manner authorized by Ontario law.

  1. General Provisions

You and LyricFind are independent contractors for the purpose of this Agreement. Neither the execution, delivery nor performance of this Agreement will be construed to constitute either party as an agent or representative of the other for any purpose. Neither the execution, delivery nor performance of this Agreement will be deemed to establish a joint venture or partnership between the Parties. Except as otherwise provided herein, neither Party has the authority to (i) bind the other Party by or to any contract, representation, understanding, act or deed, (ii) represent that either Party is an agent of the other Party, or (iii) represent that either Party is responsible for the acts or omissions of the other Party.

Neither Party will be deemed in breach of this Agreement unless and until the other Party gives notice and the notified Party fails to cure such breach within thirty (30) days after receiving such notice; provided, however, that if the breach alleged is not capable of being cured within such thirty (30) day period, and the notified Party promptly commences such cure and continues to conscientiously effect such cure, such notified Party shall be allowed an additional thirty (30) day period to complete such cure.

In its performance of this Agreement, each Party will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, each Party will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement. Except as expressly provided herein, each Party will be responsible for all costs and expenses incurred by it in connection with the negotiation, execution and performance of this Agreement.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings with respect to such subject matter hereof. This Agreement may not be modified or amended except by an agreement in writing signed by each of the parties hereto.

This Agreement shall not be modified except by a writing duly executed by, or on behalf of, the Party against whom such modification is sought to be enforced.

The failure of either Party to enforce any provision of this Agreement will not constitute a waiver of the Party’s rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

 

Privacy Policy

We value your privacy, and we want to help make your experience with the LyricMerch service (the “Service”) as safe and satisfying as possible. We have established this Privacy Policy to explain what types of Personal Information (as defined below) we collect from you, how that Personal Information is used, how it is disclosed to third parties, how you can review and modify information that you provide to us, and your preferences regarding our use or disclosure of such information.

LyricFind Inc. (“LyricFind,” “we” or “us”) is the provider of the Service which permits you to select portions of your favorite lyrics or the titles of your favorite compositions and to have them reproduced on various types of merchandise items (“Products”) to be manufactured on an on-demand basis and shipped to you.

“Personal Information” is information that allows a person to directly identify or contact an individual, such as your name, address, email address or telephone number, and information that we combine directly with such identifying information.

“Additional Information” means any information that we collect on the Service other than Personal Information such as your musical preferences and favorite songwriters or artists, etc. (Personal Information and Additional Information will be collectively referred to as “Information”).  By visiting or using the Service, you consent to our collection and use of Information in accordance with the terms of this Privacy Policy.

This Privacy Policy is incorporated into and is subject to the LyricMerch Terms of Service.  By using the Service, you expressly consent to the information practices described in this Privacy Policy. If you do not agree with this Privacy Policy, please do not participate in the Service or any features, activities or services offered through the Service.  This Privacy Policy will remain in full force and effect, even if your use of the Service or any particular service, feature, function or promotional activity offered through the Service ceases or is suspended or terminated for any reason.

1. COLLECTION OF PERSONAL INFORMATION

When you elect to become a registered user by registering on the Service LyricFind collects certain Personal Information, including your name, email address, IP address, mailing address and telephone number and a password that you select.

In addition, each registered user must provide his or her  credit card information (which is stored by the credit card processor, not by LyricFind).   This Personal Information related to your billing information is used solely to administer your activities with the Service and to process your transactions including your purchase of Products.

Contests, Sweepstakes and SurveysCertain Service-related contests, sweepstakes and surveys may require a separate registration process in order to participate which may require the submission of both Personal Information and Additional Information (including your name, email address, mailing address, telephone number, demographic or profile information, etc.).  The Information you provide will be used for the purpose of conducting the promotion (for example, to contact you if you have won).

Location DataLyricFind offers location-based services such as suggesting the Products that may be available in your area.  LyricFind and our business partners may collect, use, and share precise data about your location, including the real-time geographic location of your computer or device (such as GPS signals sent by a mobile device or information that may be used to approximate a location such as a cell ID or IP address).   Location data also may be used in an anonymous manner in a form that does not personally identify you to provide location-based content, products and services from LYRICFIND and our business partners.

Your positioning settings and your use of the location services of other service providers may result in your device connecting to the servers of other service providers, which are not operated or controlled by LyricFind.  We recommend that you to check the privacy policies of such service providers to best understand how they handle and process your location data.

2. ADDITIONAL DATA COLLECTION

Our Service, like many similar services, includes features that automatically collect Information from your browser on our server logs regarding your visits to the Service to assist us to keep track of your preferences, create a better user experience and address your particular interests and needs.

The Service and/or third parties may use a variety of methods such as browser or Flash “cookies” (small data files containing information about you that is stored on your hard drive), server-side sessions, “embedded scripts,” clear GIFs (also known as “web beacons”) and other similar tracking technologies (collectively, “Tracking Technologies”) to collect this information as you interact with the Service. The information that we collect with these automated methods may include, for example, your IP address, domain name of the service providing you with Internet access, cookie information, a unique device or user ID, browser type, system type, data regarding your location, and the “referring URL” (i.e., the page from which you navigated to the Service).  Cookies also enable us to track your interaction with the Service, the content and pages that you access, content that you access or search for on the Service, access times and other relevant statistics which help us target your interests to enhance your experience with the Service.  Some cookies are used to make your login to our Service easier (such as by recognizing your account credentials for sign in purposes), and to store references to your account credentials and session validators on your hard drive.  We also include clear GIFs in some of our email messages in order to learn whether the messages are delivered and opened. We use passively-collected information to administer, operate, and improve the Service and our other services and systems, and to provide content, products and services that are tailored to you.  Your Personal Information is not collected as part of this process.  However, we may associate the information obtained through these Tracking Technologies with your Personal Information in order to better customize your experience with the Service and provide tailored promotions and advertisements on third party sites related to your specific interests.  If any information gathered through Tracking Technologies is combined with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. Otherwise, LyricFind uses information collected by passive means in aggregated or other non-personally identifiable forms.  By using the Service, you understand and agree that you give us your consent to track your activities and your use of the Service as described in this Privacy Policy.

Also, please be aware that other third parties, including advertising servers, advertising networks, data exchanges, traffic measurement service providers, marketing analytics services and other third parties including, without limitation, Google AdSense, Google Analytics, ComScore Beacon, Neilsen Video Census, Kaltura Video Player, Akamai Media Analytics & Edge Services, AddThis and Gigya (collectively, “Third Party Advertising Service Providers”) may set cookies or use other means of passively collecting information about your use of their services on the Service. We do not have access to, or control over, these cookies or other means of passive data collection. You should consult the respective privacy policies of these third parties. We cannot control the activities of such third parties.

3. INFORMATION RECEIVED FROM THIRD PARTIES

 We may obtain information from third parties, including Personal Information.  If we directly combine information from other third parties with Personal Information that we collect on the Service, we will treat the combined information as “Personal Information” and handle it accordingly under this Privacy Policy.

4. HOW LYRICFIND USES PERSONAL INFORMATION

We may use Personal Information to operate, provide, improve, and maintain the Service and our other services and systems, and to develop new products and services, to prevent abuse and fraudulent use of the Service, to send you administrative and informational messages about the Service and other services in which you may be interested, and for other administrative and internal business purposes including, without limitation, the following:

In addition, we may use the Additional Information for various purposes, including, without limitation, the following:

5. OPTING-OUT OF CERTAIN USES OF YOUR PERSONAL INFORMATION AND OTHER INFORMATION

Marketing and Promotional Communications–You may be presented at times with opportunities to receive certain marketing and promotional communications from us and others that we think will be of interest to you.  Recipients of such communications may “opt-out” of receiving such marketing and promotional e-mails from us at any time by sending us an email at marketing@lyricmerch.com detailing your privacy request.  Despite this, please be aware we always retain the right to send you emails to keep you informed about the operation of our Service and related services that are needed for the proper functioning and administration of our Service.  We also may have features that permit you to submit questions or feedback to us, in which cases we may retain the emails and other information you submit to us for our internal purposes, and to help us to serve you better.

6. LYRICFIND AFFILIATES

Although we currently do not have a parent company or any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us (collectively, “affiliates”), we may in the future.  We may share some or all of your Personal Information with our affiliates, in which case we will seek to require those affiliates to honor this Privacy Policy.

7. LEGAL REQUIREMENTS

LyricFind may disclose Personal Information if we have a good faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, LyricFind may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the LyricMerch Terms of Service, or our other agreements, to take precautions against liability, to protect the rights, property, or safety of LyricFind, any individual, or the general public, to maintain and protect the security and integrity of our Service or its services or infrastructure, to protect ourselves and our services from fraudulent, abusive, or unlawful uses, to investigate and defend ourselves against third-party claims or allegations, or to assist government enforcement agencies.

8. SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION

LYRICFIND does not sell or rent email addresses or other Personal Information.  We do not share Personal Information with third parties, except in the limited circumstances described in this Privacy Policy including in the event of a change of ownership of the Service as referred to in paragraph 9 below.

We reserve the right to use and sell any aggregated data we collect in connection with your use of the Service.  Also, we may use Personal Information for marketing and administrative purposes. You may opt-out of certain such uses as described above.  We may share Additional Information with various third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

Service Providers–We also have the right to disclose your Personal Information and other information to third parties (“Service Providers”) for the purpose of manufacturing the Products and shipping and handling them, and administering and maintaining internal business functions, services, features, and operations of the Service (e.g., maintenance, security, payment processing, data analysis or data hosting, or email transmission) on our behalf. We use Service Providers to provide the Products, services, features and functions we bring you and we disclose your Information to those Service Providers so that they can provide services to us. These Service Providers may temporarily store some information on their own servers, but they are instructed to only use your Personal Information to provide LyricFind with the specific services for which we have retained them and not for any other purpose.

Other Third Parties—Except as set forth in this Privacy Policy, we do not share your Personal Information with other third parties, apart from those acting as our Affiliates, agents and Service Providers in providing our Service, and which agree to use it only for such purpose and to maintain the security and confidentiality of that Personal Information.

Other Disclosures—Under the following circumstances, LyricFind may access or disclose Information without providing you a choice: (a) to protect or defend the legal rights or property of LyricFind, our affiliated companies and business partners or their employees, agents and contractors or to enforce our agreements, (b) to protect our users and the safety and security of our Service, (c) to protect against fraud or abuse, (d) if we believe your actions violate LyricMerch’s Terms of Service or this Privacy Policy, or (e) to comply with law or legal process.

9. CHANGE OF OWNERSHIP

In the event of a change in the ownership of LyricFind, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information and other Information, including email addresses, to that entity.  LyricFind will use reasonable efforts to notify registered users of such a transfer (which may include in our discretion posting on our home page, or by email to a registered user’s email address that was provided to us).

10. SECURITY

LYRICFIND uses industry standard security measures to protect against the loss, misuse, and alteration of Personal Information under our control. We make good faith efforts to maintain the security of such Personal Information, but we cannot guarantee that it will remain free from unauthorized access, use, alteration or disclosure.

We work hard to ensure the integrity and security of our network and systems, however we cannot guarantee that our efforts will prevent “hackers” or other unauthorized persons from illegally intercepting, accessing or obtaining this information.  We do not assume any liability to third parties whose information you provide or which you post or transmit on the Service.  Please keep your password secure in order to help protect your security.  LyricFind will encrypt stored passwords and will not maintain them in plain text, so LyricFind will not know users’ passwords.  If LyricFind becomes aware of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps.  By using the Service or providing Personal Information to LyricFind, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.  If a security systems breach occurs, we may post a notice on our home page or elsewhere on the Service and may send email to you at the email address you have provided to us.

11. CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personal Information through the Service represents to us that he or she is 13 years of age or older.  If we learn that Personal Information has been collected from a user under 13 years of age on or through the Service, then we will take the appropriate steps to cause this I  information to be deleted.  If you are the parent or legal guardian of a child under 13 who has become a user, please contact LyricFind at support@lyricmerch.com to have that child’s account terminated and information deleted.

12. USER CHOICE AND ACCESS

You always have the right to access, correct and edit the Personal Information you have provided and generally you may review, update or delete certain Information collected by the Service via the [“Edit Profile”] link which is provided under the My Account tab on the Service.

You also may request the deletion of any additional account information held by LyricFind relating to you by contacting us at support@lyricmerch.com, or at the address set forth below in the Contact Us section.

If you leave the Service or ask LyricFind to stop using your Personal Information, we will do so but the Service may still maintain Personal Information that has been provided to us and use that Personal Information in accordance with this Privacy Policy and as necessary to comply with applicable federal, state or local law.  Additionally, even if you update or remove Personal Information that you have provided to us, your Personal Information may be retained in our backup files and archives for a reasonable period of time for legal purposes.

13. PRIVACY SETTINGS

As a user, you can control certain privacy settings on the Service (known as “LyricFind Privacy Settings”).  Users can edit these settings at any time by clicking on the provided tabs such as “Display First & Last Name,” “Display My Age” and other settings from the [“Profile Visibility”menu].

14. EMAIL AND UNSOLICITED COMMERCIAL EMAIL

We may send you emails regarding administrative messages, and updates regarding your account, the Service and our services. We also may send you administrative, marketing or promotional messages to the extent permitted by applicable law and the LyricMerch Terms of Service.  You may indicate your preferences regarding certain email messages by updating your settings on the “Privacy Settings” page under “My Account.” You can elect to opt-out of receiving such messages from LyricFind by following the directions on the bottom of the email message you receive.  The LyricMerch Terms of Service prohibits users from engaging in any activity involving the sending of email in violation of CAN-SPAM and any other applicable law.  Violations of these policies may result in immediate termination of service and legal action against the senders or initiator of any such messages.

15. THIRD-PARTY SERVICES/LINKS

Users may utilize “Social Sign-In” to use their account credentials from certain third party services such as Facebook and Google+ to sign in to the LyricMerch Service from such third party services.  LyricFind will request permission from the third party service to obtain certain of that third party’s information about the user which we will use to pre-populate the user’s LyricFind Service account.

The Service may be linked to websites and services operated by third parties. Users who sign in from a third party service such as Facebook will share links via Facebook and any such other third party services to content hosted on the Service.  You can avoid providing third party services with such links to content hosted on the Service by unlinking Facebook or such other third party service from your registration by logging into the LyricMerch Service directly without Social Sign-In. The Service also will offer the ability to share your status updates directly from the Service to your connected third party social networks (such as Facebook and Google+) by clicking the appropriate buttons on your “Status Update” tab.  Such sharing will be available to all users.

Any Personal Information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies governing privacy and security. This Privacy Policy governs only the Information collected by us on the Service and does not cover any other information collected in any other manner or collected by any other entity, unless specifically stated otherwise.  Once you leave this Service via such a link, access a third party website or application (such as a widget) or click on an advertisement, you should check the applicable privacy policy of the third party to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.  LyricFind is not responsible for the privacy practices of such third party websites or services that are linked to or integrated with the Service or for the privacy practices, content or security practices or policies of third parties or their services.  We encourage you to learn about third parties’ privacy and security policies before providing them with Personal Information.

16. ACCURACY OF YOUR INFORMATION

It is your responsibility to give us complete, current and accurate Information, including Personal Information, and to keep such Information up to date. We are not responsible for any problems or liability that may arise if you do not give us complete, current and accurate Information or you fail to update such Information.  We have the right to reject and delete any entry that we believe, in good faith, to be false, fraudulent or inconsistent with this Privacy Policy.

17. CHANGES AND UPDATES TO THIS PRIVACY POLICY

We may occasionally update this Privacy Policy. If we do, we will update the “effective date” at the top of the Privacy Policy and any modifications to this Privacy Policy shall be effective upon posting. Your continued use of the Service after we post a revised Privacy Policy constitutes your agreement to the revised Privacy Policy.  Thus, it is important that you review this Privacy Policy regularly to ensure you are updated with respect to any changes.  We encourage you to periodically review this Privacy Policy to stay informed about our collection, use, and disclosure of Personal Information on the Service.

18. CONTACT US

If you have questions about this Privacy Policy, you may contact us at support@lyricmerch.com.  You also may write to us at: LyricFind, 40 Eglinton Avenue East, Suite 400, Toronto, Ontario, M5M 2E9, Canada, Attn: Privacy Matters.