Singa - Terms of service
Terms Of Use
We are Singa Oy (the "Company" or "Singa"), a company registered in Finland. We operate an online karaoke service (the "Service") that we make available through our mobile application ("App") and website ("Site"). The Service allows you and other users ("Users") to sing karaoke, take part in competitions, and interact with a community of likeminded people. In providing the Service, we make use of and make available to you different kinds of content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content").
These are the terms and conditions ("Terms") on which we supply our Service to you.
Please read these Terms carefully before you use or sign-up for the Service. These Terms tell you who we are, how we will provide the Service to you, how you and we may change or end the Terms, what to do if there is a problem, and other important information.
By accepting these Terms when accessing the App, or otherwise using the Site, you agree to be bound by these Terms. If you do not accept any part of these Terms, then you should not click to accept them or use the App or the Site.
User Privacy
For information on how we use personal data we from you in relation to our provision of the Services see our privacy policy, available here.
Using Our Service
The Service is open to everybody, but if you are under the age of 18, you should review these Terms with your parent or guardian and make sure that you and your parent or guardian understand them.
When you register with us, you will need to provide us some information about yourself. You agree that, when registering to use the Service, you will provide true, current accurate and complete information as prompted by the registration form, and that you will maintain and update this information as necessary to keep it current, complete and accurate.
You will also be able to create a User profile, for which you may submit, post or display some information about yourself and upload a picture. You can decide how much of your profile is accessible to your friends or the public, or if you would like to keep it private. The content, information and materials you upload to the App or Site is your "User Content".
You may access and use the Service for free, but you agree and acknowledge that some features of the Service will not be available to you without a paid subscription. For example, without a paid subscription you will be limited in the number of songs you can sing a karaoke performance for. With a paid subscription you will have access to many more features as explained in more detail in our App and Site.
You are responsible for your interactions with other Users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other Users of the Service.
As a consumer, you have certain legal rights in relation to the Service we are providing. You can find out more about the rights available to you here: https://www.which.co.uk/consumer-rights.
Restrictions On Your Use
You acknowledge and agree to use the Service, including the Service Content we make available through the Service, in compliance with the following rules:
You will only use the Service, App, Site and Service Content for your own personal, non-commercial use;
You will not modify, rent, lease, loan, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, create derivative works of or sell in any form or by any means, the Service, App, Site or Service Content (in whole or in part), other than as permitted by these Terms or as part of their normal use without our approval. You are able to download or print a copy of any portion of the Service, App or Site to which you have properly gained access solely for your personal, non-commercial use, and provided that all copyright or other proprietary notices are kept intact;
You will not use the Service, App, Site or Service Content in any manner that could damage, disable, overburden or impair our ability to provide the Service or make the Service Content available through the Service;
You will not use any data mining, robots, scraping, or similar data gathering or extraction methods;
You will not sign up for an account on behalf of someone else, or on behalf of any commercial group or entity, and will not use, sell, rent, transfer, license or otherwise provide the Service, App, Site or Service Content made available through the Service, to another person or commercial group or entity;
Other than as facilitated through social media sharing options in the App, you will not upload or republish Service Content that has been made available to you through the Service to another platform, app or site;
You will not interfere with the other Users’ use and enjoyment of the Service;
You will not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity;
You will not disassemble, de-compile or reverse engineer the Services, App or Site;
You will not post, display, upload, transmit, share, store or otherwise make available any User Content through the Services, App or Site that you do not own or that is illegal, vulgar, obscene, threatening, defamatory, infringing of another's intellectual property rights, otherwise injurious to third parties or objectionable or which may expose Singa to any harm or liability of any type. We reserve the right not to post, display or publish any User Content, and to delete, remove or edit any User Content you upload as part of your User profile;
You will not use the Service, App or Site to infringe the intellectual property rights of another, or to contribute to or encourage in conduct that is unlawful, illegal, harassing, abusive, vulgar, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, in the sole judgment of Singa; and
You will comply with all applicable laws and regulations when using the Service.
Payment Details
The Service is primarily made available to Users on a subscription basis. We enable you to access and use limited features of the Service without a subscription. You can sign up for a renewable monthly, biannual or annual paid subscription, or a one-off two-day or one week access pass.
The price of the pass or subscription will be set out in the App or the Site where you sign-up. We will confirm your order for a pass or subscription by e-mail. You must pay in advance to receive the benefits of the pass or subscription. For example, if you opt for a biannual subscription, payment for the duration of the subscription is required upfront. If we are unable to process payment for your pass or subscription, we will inform you of this in writing and will not charge you. Subject to the termination provisions set out in these Terms, monthly subscriptions automatically renew each month, and biannual and annual subscriptions automatically convert to fully paying, recurring, monthly subscriptions. Passes do not automatically convert into any subscription.
You will be able to receive the added benefits of a paid subscription until your paid subscription expires, or you terminate your subscription in accordance with these Terms. After your paid subscription has ended, you will still be able to use the Service, but will not have access to certain features available only to paid subscribers. You will still be able to receive the basic benefits of the Service until you or we end our contract in accordance with these Terms.
If you change your mind about a paid subscription, you have fourteen days after the day we e-mail you to confirm your paid subscription to cancel it ("Cancellation Period"). You cannot change your mind if we have completed the Services, even if the Cancellation Period is still running. For example, for a two-day access pass, once the two days have passed (and within the fourteen days), you cannot change your mind.
Content
Service Content made available through the Service is the proprietary property of Singa and our licensors. All intellectual property rights in and to the Service, App, Site and Service Content are owned by Singa and/or our licensors. User Content remains your exclusive property.
To provide the Services and for your use and enjoyment of the App and Site, we grant to you certain limited licences in respect of the Service Content, and you grant to us certain licences in respect of your User Content.
We are giving you personally the right to use the Services, App, Site and Service Content. We grant you a limited, non-exclusive licence to use the Service, App, Site and Service Content in accordance with these Terms. Any use of the rights in the Service, App, Site or the Service Content is licensed and not sold to you.
When you post, upload or submit User Content to the App or Site and make it publicly available, you agree to grant to us a non-exclusive, royalty free, worldwide, perpetual, irrevocable, transferable and sub-licensable right to use, copy, link to, stream, publicly perform, reformat, summarise, exhibit, distribute, transmit, reproduce, modify, adapt, publish, broadcast, translate, create derivative works from, exhibit, distribute and display your User Content through the App and Site for the purposes of providing the Services. You agree to waive any "moral rights" in and to the User Content, to the extent permitted by applicable law.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever. In addition, you agree to waive any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
Limitations To The App, Site And Services
The Services, App and Site are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the Service, App and Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Services, App and Site will contain links to other independent apps, services or websites which are not provided by us. These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
Our Responsibility For Loss Or Damage Suffered By You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered these Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you were it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Nor do we exclude or limit your rights at law as a consumer including your right to receive a reasonable standard of service and a service as described.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If our provision of the Services or support for the App or Site is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Termination
You may always end your contract with us by cancelling via your account page on the site or via the app and your selected app store provider. If you require further assistance you can reach us at support@singa.com.
We may end our contract with you by notifying you via e-mail if you do not make payment for a paid subscription within 7 days of us notifying you payment is due or you breach a material term of these Terms.
If we end your rights to use the Services, App and Site because you have broken these Terms, you must (i) stop all activities authorised by these Terms, including your use of the Services, App and Site; and (ii) delete or remove the App from all devices in your possession, and destroy all copies of the App that you have.
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Service, App or Site in breach of these Terms or from your violation of any applicable law or regulation.
Changes To The Service And These Terms
We may automatically update the App and Site, or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the App for these reasons. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the Services, the App or the Site.
We may change these Terms and conditions from time to time. We will notify you be e-mail of any material changes to these Terms. You will always have a right to terminate without consequence where changed are made to these Terms that are material or to your detriment.
Nobody Else Has Any Rights Under This Contract
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If A Court Finds Part Of This Contract Illegal, The Rest Will Continue In Force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which Laws Apply To This Contract And Where You May Bring Legal Proceedings
These Terms are governed by Finnish law and you can bring legal proceedings in respect of the products in the Finnish courts.
Support For The App And How To Tell Us About Problems
If you want to learn more about the Service, App or Site or have any problems using them please take a look at our support resources at help.singa.com.
If you have any questions, queries or complaints or need help using the App or the Service, then you can e-mail us at support@singa.com.
In addition, if you are a consumer, you have a statutory right to refer disputes that may occur to the EU Online Dispute Resolution (ODR) platform available here: EU Online Dispute Resolution (ODR) platform.