Sunfly Streaming Terms and Conditions

Introduction

Sunfly Streaming is a subscription service that provides Karaoke streamed over the Internet to any compatible web device, which includes computers, tablets, smart phones and other devices.

By using the Sunfly Streaming service you are entering a binding Contract with Sunfly Music Group Ltd (“Sunfly”). Your agreement with us includes these Terms and Conditions (“Terms”). If you don’t agree with these, then please don’t use the Service.

In order to use the Sunfly Streaming Service, you need to ensure that any registration information that you submit to Sunfly is true, accurate and complete, and you agree to keep it that way at all times.

Changes to the Terms

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

Subscription Services

Subscription; your Sunfly membership (“Subscription”) allows full access to the Sunfly Streaming Service for the agreed time period and will continue unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment ("Payment Method") to use the full Sunfly Streaming service. If the Streaming Service is terminated before the payment period then access will be terminated immediately.

Trial; From time to time, we may offer trials of the Subscription for a specified period without payment (a “Trial”). Sunfly reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Subscription on the first day following the end of the Trial, on a recurring basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service in your Sunfly account settings before the end of the Trial.

Licence and Usage

The Sunfly Streaming Service and the content provided through it is the property of Sunfly. We grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use on a streaming-only basis. You agree not to use the service for public performances.

All Sunfly trademarks, service marks, trade names, logos, domain names, and any other features of the Sunfly brand are the sole property of Sunfly (“Trademarks”). This Licence does not grant you any rights to use these Trademarks for commercial or non-commercial use.

You agree to abide by our User Guidelines (below) and not to use the Sunfly Streaming Service (including but not limited to its content) in any manner not expressly permitted by the Terms.

If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement, or are aware of any infringing material available through the Sunfly Streaming Service, please contact us.

Consideration

In consideration for the rights granted to you under these Terms, you grant us the right to allow the Sunfly Streaming Service to use the processor and bandwidth on your Device in order to facilitate the operation of the Sunfly Streaming Service. These Terms are not intended to grant rights to anyone except you and Sunfly, and in no event shall these Terms create any third party beneficiary rights. Any failure by Sunfly to enforce these Terms or any provision thereof shall not waive Sunfly’s right to do so.

If you choose to access www.sunflystreaming.com charges may apply from your internet provider or mobile data provider. This is up to your discretion and Sunfly are not liable for any charges that may be incurred.

User Guidelines

Sunfly respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted:

  • Copying, reproducing, “ripping”, recording, or making available to the public any part of the Sunfly Streaming Services or content delivered to you via Sunfly Services, or otherwise any making use of the Sunfly Streaming Service which is not expressly permitted under these Terms;
  • reverse-engineering, decompiling, disassembling, modification or creating derivative works based on Sunfly Streaming Services or any part thereof;
  • circumventing any technology used by Sunfly, or any third party to protect content accessible through the Service; renting or leasing of any part of the Services; circumventing of any territorial restrictions applied by Sunfly;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Sunfly Streaming Service;
  • granting access to your password to any other person, or using any other person’s user name and password.
  • interfering with the Sunfly Streaming Service, tamper with or attempts to probe, scan, or test for vulnerabilities in the Service or Sunfly’s computer systems or network, or breaches any of Sunfly’s security or authentication measures.

You agree that Sunfly may monitor usage levels, including without limitation, content usage levels by individual users. We reserve the right (at our sole discretion) to monitor and control data volume. Should your usage be beyond what is deemed reasonable usage, we reserve the right (at our sole discretion) to reduce, suspend or terminate your service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Billing

By starting your Sunfly membership and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Sunfly Streaming service to your Payment Method. The fee for our service will be billed at the beginning of your membership and each scheduled time period thereafter; unless and until you cancel your membership. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on another day as we deem appropriate.

Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will be communicated to you via email notice before the changes take effect.

Cancellation

You may cancel your Sunfly Streaming subscription at any time and access to the streaming service will be terminated immediately. We do not provide refunds or credits for any partial membership periods. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.

Payments are non-refundable and there are no refunds or credits for partially used periods. 

Terms and termination

These Terms will continue to apply to you until terminated by either you or Sunfly. Sunfly may terminate the Terms or suspend your access to the Sunfly Service at any time, including in the event of your actual or suspected unauthorised use of the Sunfly Streaming Service or non-compliance with the Terms. If you or Sunfly terminate the Terms, or if Sunfly suspends your access to the Sunfly Streaming Service, you agree that Sunfly shall have no liability or responsibility to you and Sunfly will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

 

Use of Information Submitted

Sunfly is 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 Sunfly, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Sunfly Streaming service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

Communication Preferences

You agree to receive communications from Sunfly relating to your account in electronic form. These communications may involve sending emails to the email address provided during registration, or posting communications on the Sunfly service and will include notices about your account (e.g., payment authorizations, changes in password or Payment Method, confirmation e-mails and any other transactional information) and are part of your relationship with Sunfly. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

Technology limitations and modifications

Sunfly will make reasonable efforts to keep the Sunfly Streaming Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Sunfly reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Sunfly Streaming Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Sunfly Streaming Service or any function or feature thereof. You understand and agree that Sunfly has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Disclaimers of Warranties and Limitations on Liability

The Sunfly Streaming Service and all content and software associated therewith, or any other features or functionalities associated with the Sunfly Streaming Service, are provided "as is" and "as available" with all faults and without warranty of any kind. Sunfly does not guarantee, represent, or warrant that your use of the Sunfly service will be uninterrupted or error-free. Sunfly specifically disclaims liability for the use of applications, and Sunfly Streaming software (including their continuing compatibility with our service).

To the extent permissible under applicable laws, in no event shall Sunfly, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights relating to faulty and/or incorrectly described goods.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit 6 Wellesley Court, Apsley Way, London, NW2 7HF and all notices from us to you will be displayed on our website from time to time.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

 

(c) 2008-2015 Sunfly Music Group Ltd, All rights reserved.

Sunfly Music Group Ltd, incorporated in England and Wales, registration number 05388573. Registered office being 46 Syon Lane, Isleworth, Middlesex TW7 5NQ.

Updated and effective from 3rd August 2015