Terms & Conditions

Last Updated May 20, 2016

Summary

SURRON MUSIC & PUBLISHING COMPANY (SURRON MUSIC) IS A MUSIC & PUBLISHING COMPANY, CREATING ORIGINAL CONTENT AND MUSIC FOR CHILDREN, TO ENJOY ON DIFFERENT PLATFORMS.

THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS & CONDITIONS”) GOVERN YOUR USE OF SURRON MUSIC APPLICATIONS (THE “APPS”). THE APPS ARE MADE AVAILABLE BY SURRON MUSIC & PUBLISHING COMPANY, LLC (“SURRON MUSIC”). WE MAY CHANGE THE TERMS AND CONDITIONS FROM TIME TO TIME, AT ANY TIME WITHOUT NOTICE TO YOU, BY UPDATING THROUGH THE APPS. BY DOWNLOADING AND USING THE APPS, YOU (“YOU” OR “USER”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OF THE SURRON.COM PRIVACY POLICY AND THE SURRON.COM TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD OR USE THE APPS.

Acceptance of terms

By downloading and using the Apps, you agree to all of the terms and conditions contained in this document (the “terms of use”), Surron Music & Publishing Company Privacy Policy (www.surronmusic.com/privacy), the surronmusic.com terms & conditions (www.surronmusic.com/tou) and all other operating rules, policies and procedures that may be published from time to time on the website and/or Apps by Surron Music, each of which is incorporated by reference (the “Policies”). We reserve the right to update or revise these terms and conditions. You can find the updates or revisions by visiting this page, continued use of this site after posting changes constitutes your acceptance of those changes.

In addition, services may be offered through the website that may be subject to additional terms and conditions of Surron Music from time to time your use of such services is subject to those additional terms and conditions, which are incorporated into these terms of use by us writing all this out for you.

Conditions of Use

Upon your download of Apps and payment of any applicable fees (including applicable taxes), Surron Music grants you a non-exclusive right to view, use, and display such Apps an unlimited number of times, solely on the number and type(s) (if so limited) of devices specified in the Surron Music App or in the third party store in which the App was purchased (e.g. the iTunes app store), and solely for your personal, non-commercial use. Unless otherwise specified, Apps are licensed, not sold, to you by Surron Music.

In order to keep your Surron Music App up-to-date, Surron Music may make available updates/upgrades to the App. If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the app.

Unless otherwise expressly authorized herein or in the service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, reset, exploit, transfer or upload for any commercial purposes, any portion of the service, use of the service, or access to the service. The service is for your personal use.

Intellectual Property Rights

App content, software and trademarks: You acknowledge and agree that the App contains content (“App content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Surron Music & Publishing Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the App or the App content, in whole or in part. In connection with your use of the App you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the App or the App content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App or distributed in connection therewith is the property of Surron Music, our affiliates and our partners (the “software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by Surron Music.

The Surron Music & Publishing Company name and logos are trademarks and service marks of Surron Music & Publishing Company (collectively the “Surron Music Trademarks”). Other company, product and service names and logos used and displayed via the App may be trademarks or service marks of their respective owners. Nothing in this terms of service or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Surron Music intellectual property or other third party intellectual property displayed on the App, without our prior written permission or the respective third party’s permission, as the case may be, in each instance. All goodwill generated from the use of Surron Music Trademarks will inure to our exclusive benefit.

Special Notice for International Use; Export controls: software available in connection with the App and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from Surron Music or third party stores or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the internet, you agree to comply with all applicable local, state, national or international law, or any regulations having the force of law regarding your use of the App.

Termination

Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Surron Music App(s) and Surron Music reserves the right to immediately revoke your license to use the Surron Music App(s) without refund of any fees. Surron Music’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of Surron Music’s rights or remedies.

Indemnity and Release

You agree to release, indemnify and hold Surron Music and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the App, your violation of these Terms of Use or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURRON MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SURRON MUSIC MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SURRON MUSIC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SURRON MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE APP OR ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL SURRON MUSIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOR THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS OF SERVICE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as the other business documents and records originally generated and maintained in printed form.

The Terms of Use shall be enforced, governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York or state courts located in New York, New York.

Integration and Severability

The Policies are the entire agreement between you and Surron Music with respect to the use of the App, and supersede all prior or contemporaneous communications and proposal (whether oral, written or electronic) between you and Surron Music with respect to the App. If any provision of the Policies is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Policies will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Amendment

We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the App or the surron.com website. Your continued use of the App after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Assignments and Transfers

The Policies are not assignable, transferable or sub-licensable by you except with Surron Music’s prior written consent. Surron Music may assign, transfer or delegate any of its rights and obligations hereunder without consent.

Non-creation of Legal Relationship

No agency, partnership, joint venture, or employment relationship is created as a result of the Policies and neither party has any authority of any kind to bind the other in any respect.

Miscellaneous

Surron Music shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Surron Music’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Questions? Concerns? Suggestions?

We’d love to hear from you about ways to make our App and the Surron Music community better, to ask us anything about our Policies or the App, or in the unfortunate case that you need to report any violations of these Terms of Use. Please drop us a line at info@surronmusic.com

Any suggestions or feedback may or may not be incorporated into the Apps at the sole discretion of Surron Music. Any perceived incorporation of a suggestion will not give rise to intellectual property rights or ownership being transferred in any way to the user.