Terms & Conditions
This Terms And Conditions Agreement (the “Terms”) contains the terms which govern and control the use of this website, www.lyricfind.com, (the "Site”) which is owned and operated by LyricFind Inc. (collectively, "LyricFind" "we" "us" and "our").
PLEASE READ THESE TERMS CAREFULLY.
THIS IS A CONTRACT.
In consideration for the permission by LyricFind to use our Site, you agree that by accessing the Site on any computer, mobile phone, tablet, or other device ("Device"), you signify that you have read, understand, and agree to be bound by these Terms without limitation or qualification and any other applicable law, whether or not you are a registered user.
The Terms may be updated from time to time and all updates will be posted on the Site. In the case of any substantive change, we will give notice of the changes by posting the amended Terms on the Site at least thirty days before the effective date of the change. If you have provided us with your email address, we will also notify you of any such substantive change by sending an email at least thirty days before the effective date of the change to the email address you provide. If you do not agree to the new Terms, you should stop using the Site otherwise your continued use of the Site will be your consent and agreement to the new Terms.
GENERAL RULES
- Use of Content: All content on this website is for general information and use only. It is subject to change without notice.
- Privacy Policy: Your use of this website is also governed by our Privacy Policy, which can be found here.
- Intellectual Property: This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited unless otherwise stated.
- Disclaimer: We do our best to ensure the accuracy and currency of the information provided on this website, but we make no guarantees. Your use of any information or materials on this website is at your own risk.
- External Links: This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Release
Without limiting anything set out above, to the fullest extent permitted by applicable law, you hereby release LyricFind from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
LYRICFIND SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR USER CONTENT OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF LYRICFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITES. YOUR ONLY REMEDY AGAINST LYRICFIND FOR USE OF OUR SITE OR ANY CONTENT IS TO STOP USING THE SITES. ACCORDINGLY, IF LYRICFIND IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE OR ANY CONTENT, LYRICFIND’S LIABILITY SHALL NOT EXCEED US $100.00.
Termination
LyricFind reserves the right in its sole discretion to terminate your access to the Sites and restrict your use of all or any part of our Sites for any or no reason, without notice, and without liability to you or anyone else. LyricFind also reserves the right to block users from certain IP addresses and otherwise prevent access to our Site.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND LYRICFIND HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT – LEGAL DISPUTES” SECTION BELOW.
Arbitration Agreement – Legal Disputes
Initial Dispute Resolution
We are available by email to address any concerns you may have regarding your use of the Sites Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Please see “How to contact us?” below for more information on how to reach out to us.
Terms of Service and Binding Arbitration Agreement
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the Canadian Arbitration Association on a non-confidential. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties expressly consent to exclusive jurisdiction of the City of Toronto in the Province of Ontario, Canada, for any and all arbitrations.
Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Severance
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Law and Jurisdiction
This Agreement shall be governed by and will be construed in accordance with the laws of Canada. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
Contacting Us
If you have any questions, please contact us at the following address: LyricFind Inc., 40 Eglinton Ave East, Toronto, Ontario, M4P3A2 or at support@lyricfind.com.