Terms of Service

1. Overview
Welcome to Your Melody Magician ("we", "us", "our"). We create personalized songs for special occasions. By using our website (“the Site”) and services, you agree to these Terms of Service (“these Terms”).

The information provided on the Site, yourmelodymagician.com, is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

2. Our Services
We offer custom songs based on your story, name(s), or any information or requests you provide (“Contributions”). We may offer related services like revisions or add-ons if described on our Site.

3. Ordering Process
You share your story, vision for your song, and any details as you see fit; we review it and may ask questions. We create a song based on the information you provide and send you an invoice containing a link to an abbreviated, watermarked preview of the actual song and full lyrics, along with a link to purchase the song. At this point you have one opportunity to provide feedback and receive an all-new watermarked preview (“revision”). Once you purchase the song, and payment is received, we remove the watermark, finalize your complete song as necessary and furnish a link to your finished song. We may decline projects that conflict with our values, including but not limited to, using songs, lyrics, and any information obtained from the Site to harass, abuse, or harm another person.

4. Payments and Pricing
Prices are listed on our Site or in your invoice. If you decide to purchase a song, payment is due as described in your invoice. We do not store full payment details.

Prices may not include applicable sales, use, or other transaction-based taxes. Where applicable, such taxes will be added to the purchase price and collected from you at the time of purchase. You are responsible for paying any taxes applicable to your purchase that we are not required to collect, except for taxes imposed on our net income.

5. Quotes, Orders, and Purchase Terms

Our standard pricing may be stated on the Site or otherwise communicated to you. The price applicable to a particular project will be the price stated in the applicable order, quote, or invoice.
We may, in our discretion, offer individualized pricing, discounts, or package pricing for particular projects or multiple-song orders. Any such pricing applies only to the specific project or order for which it is offered and does not establish a general or ongoing price for other orders.
Your invoice or quote may also specify the applicable deliverables, revision allowance, turnaround time, and other project-specific terms. These Terms of Service apply to all services unless expressly modified in a written agreement signed or otherwise accepted by both parties. In the event of a conflict between the quote or invoice and these Terms, the quote or invoice will control only with respect to the specific project terms stated therein; these Terms will otherwise remain in effect.

6. Delivery of Your Song
Songs are delivered in the format described (e.g., audio download). Delivery times are estimates.

7. Third-party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

In addition, we may use third-party providers to:

Generate and/or process lyrics and music
Process payments
Host/store files
Send emails
Provide website infrastructure
Deliver downloads

These providers may process information as necessary to perform their functions, subject to our Privacy Policy and applicable law.

8. Revisions
If, after evaluating your initial preview, you would like to request the one revision available before purchase, please contact us with what you would like changed, and we will create one more all-new song and provide a new abbreviated and watermarked song and full lyrics for your re-evaluation. It is at this point we will again ask you to decide whether you would like to purchase the song. In the event you feel we have completely missed the mark, contact us and explain why. We reserve the right to decide whether or not to move forward with additional revisions beyond the one revision described above to any song at any time, for any reason.

9. Refunds and Cancellations
Because songs are customized, and you are provided the opportunity to review your abbreviated sample song and full lyrics, payments are non-refundable once you have purchased your song, to the extent permitted by applicable law. However, should a rare instance occur where you cannot access your song, or you receive a corrupted file, or there has been some other technical failure, contact us immediately and we will work with you to provide you with a viable file. If we are unable to deliver your song after you have paid and/or we cancel a project after you have paid and the cancellation is not due to your violation of these Terms, we will provide a full refund to you. Nothing in this Section 9 limits any refund, cancellation, or other consumer rights that cannot lawfully be excluded or waived.

10. Your Rights after Purchasing a Song
Once you have paid for a song, you may use the purchased song in the ways permitted by the Purchased Song license described in Section 13, including personal and commercial uses such as sharing, posting on social media, using on websites or, where accepted by the applicable platform, distributing through streaming platforms, playing at events, using in advertising, and other lawful uses covered by that license.

You may also share a purchased song with family and friends or give it as a gift, subject to the rights and limitations set out in Section 13.

The rights granted to you for a Purchased Song are subject to the terms, limitations, and conditions of the license in Section 13. Section 13 is the definitive statement of your intellectual-property rights and license to a Purchased Song. If there is any conflict between this Section 10 and Section 13 regarding those rights, Section 13 controls.

Any abbreviated, watermarked, or otherwise unpaid preview of a song is provided solely for evaluation purposes. Unless we expressly permit otherwise, previews may not be distributed, publicly posted, commercially used, or otherwise exploited.

11. Use of Your Story and Song in Our Portfolio
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Policy. We only share your song or story publicly if we contact you in a separate communication with our request to do so, and you subsequently provide us with your explicit permission.

12. Your Responsibilities
You ensure information (“Contributions”) provided to us is accurate, you have permission to share it, and it is not illegal or abusive. “Contributions” are further defined as the material you supply to us, including names, stories, personal information, other information, details, and text.

When you create or make available any information (“Contributions”) to us, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or group of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site. To the fullest extent permitted by applicable law, you agree that we are not responsible for statements or representations contained in Contributions that you provide.

You understand and agree that we may use third-party service providers, including artificial-intelligence tools and music-generation platforms, to create, process, store, or deliver your song and related materials. By submitting Contributions to us, you authorize us to provide those Contributions to such providers to the extent reasonably necessary to provide the services.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site itself may not be used for unauthorized commercial purposes. This restriction does not limit the personal or commercial rights expressly granted to you with respect to a Purchased Song under these Terms. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

As a user of the Site, you agree NOT to engage in any of the following prohibited activities:

Unlawful actions
Harassment/threats
Impersonation
Fraud
Infringement
Malicious code
Scraping
Attempts to circumvent security
Unauthorized commercial exploitation of Site content
Abuse of staff/support
Misuse of other customers' information

13. Intellectual Property and Purchased Song Rights
All content comprising the Site, including its design, text, graphics, branding, software, and other materials, is owned by or licensed to us and is protected by applicable intellectual-property laws. Except as expressly provided in these Terms, no rights in the Site or its content are granted to you.

Purchased Songs: A “Purchased Song” is the finished song and lyrics we provide to you after your payment has been made.

Subject to these Terms, we grant you a perpetual, worldwide, royalty-free, non-exclusive license to use the Purchased Song and its lyrics for personal and commercial purposes. This license includes the right to download, reproduce, share, distribute, publicly perform, display, publish, and monetize the Purchased Song, including through social media, websites, streaming platforms, events, advertising, and other lawful commercial activities. You may also share the Purchased Song with family and friends or give it as a gift.

We do not charge you additional royalties or licensing fees for uses of the Purchased Song that are permitted under this license.

This license does not constitute a transfer or assignment of copyright ownership. We do not represent or warrant that every element of a Purchased Song is eligible for copyright protection or that you will receive copyright ownership in every element of a Purchased Song. The rights granted to you under this Section 13 are limited to the rights we have and are authorized to grant in connection with the Purchased Song, including rights made available to us through third-party services we use to create the song. This license applies only to the Purchased Song and its lyrics and does not grant any rights to use, access, or reproduce any third-party platforms, software, services, trademarks, or other third-party content used in connection with creating or delivering the Purchased Song.

The songs we provide may be created using artificial-intelligence (“AI”) music-generation tools and other third-party services. You acknowledge that third-party rights may apply to certain aspects of AI-generated content and that copyright protection and ownership may vary depending on applicable law and the nature of the material.

Site Content: Except for the rights expressly granted to you for a Purchased Song under these Terms, no portion of the Site or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, distributed, sold, licensed, or otherwise commercially exploited without our prior written permission.

Previews: Any abbreviated, watermarked, or otherwise unpaid preview of a song is provided solely for evaluation purposes. Unless we expressly permit otherwise, previews may not be distributed, publicly posted, commercially used, or otherwise exploited.

14. Privacy
We care about data privacy and security. Your data use is governed by our Privacy Policy, which by using the Site you agree to be bound to. Our Privacy Policy is incorporated into these Terms of Service.

15. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

16. Disclaimer
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

17. Limitation of Liability
To the fullest extent permitted by applicable law, we and our directors, officers, employees, agents, and affiliates will not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Site or our services, or your use of any Purchased Song, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or relating to these Terms, the Site, our services, or any Purchased Song will be limited as follows: if the claim arises from or relates to a particular Purchased Song or transaction, our total aggregate liability will not exceed the amount you paid to us for that Purchased Song or transaction. If the claim does not arise from or relate to a particular Purchased Song or transaction, our total aggregate liability will not exceed $100.00 (one hundred U.S. dollars).

The limitations in this Section 17 apply regardless of the form of action or legal theory, including contract, warranty, tort, negligence, strict liability, or any other legal theory, and apply to all claims and liabilities arising out of or relating to the same subject matter.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

18. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. Changes to these Terms
We may update or modify these Terms of Service from time to time. When we do, we will update the “Last updated” date at the beginning of these Terms. Your continued use of the Site after revised Terms of Service are posted constitutes your acceptance of the revised Terms of Service.

Changes to these Terms will not retroactively modify the terms applicable to a purchase that you completed before the revised Terms of Service became effective, unless otherwise required by law or expressly agreed to by you.

You should review the Terms of Service periodically to ensure that you understand the terms that apply to your use of the Site and our services.

20. Termination/Suspension
We may, in our discretion and to the extent permitted by applicable law, refuse, suspend, or terminate access to the Site or our services, refuse or cancel an order or project, or suspend or terminate an account if we believe that you have violated these Terms, provided false or misleading information, engaged in unlawful or abusive conduct, interfered with the Site or our services, or for other legitimate business reasons.

We may also decline or discontinue a project when the requested content or service presents legal, safety, ethical, technical, or other concerns. If we cancel a project after you have paid and the cancellation is not due to your violation of these Terms, we will provide any refund required under our Refunds and Cancellations policy or applicable law.

If we suspend or terminate your access because of a violation of these Terms, you may not create another account or otherwise attempt to circumvent the suspension or termination.

Termination or suspension does not affect any rights or obligations that, by their nature, should survive termination, including provisions concerning intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and any licenses that have already been granted for purchased songs.

21. Site Changes, Availability, and Management
We reserve the right to modify, update, suspend, or discontinue any portion of the Site, including features, functionality, content, or services offered through the Site, at any time and in our discretion. We may also remove or modify Site content and information, and we are not obligated to update information on the Site.

The Site may occasionally be unavailable or experience interruptions, delays, errors, or other technical problems due to maintenance, upgrades, hardware or software issues, telecommunications or internet failures, security incidents, or other circumstances beyond our reasonable control. We do not guarantee that the Site will be available at all times or that it will operate without interruption or error.

To the fullest extent permitted by law, we are not responsible for losses, damages, or inconvenience resulting solely from your inability to access or use the Site during an interruption, suspension, or discontinuance of the Site.

Nothing in these Terms requires us to maintain, support, update, or continue providing any particular feature or functionality of the Site indefinitely.

Any rights you have in a song you have already purchased from us, including any license expressly granted under these Terms, will not be affected solely because we later modify, suspend, or discontinue the Site, except as otherwise permitted by these Terms or applicable law.

We reserve the right, but not the obligation, to manage the Site in a manner reasonably designed to protect our rights, property, systems, users, and the proper functioning of the Site. This may include removing, restricting, or disabling access to files, content, or other material that is excessively large, technically harmful, unlawful, violates these Terms, or otherwise places an unreasonable burden on our systems.

We may take such action without prior notice when reasonably necessary to protect the Site, our systems, our users, or third parties, subject to applicable law.

22. Electronic Communications, Transactions, and Signatures

By using the Site, submitting information through the Site, placing an order, or communicating with us electronically, you consent to receive communications from us electronically, including by email, through the Site, or through other electronic means.

You agree that electronic communications, agreements, notices, disclosures, invoices, orders, records, and other documents provided electronically satisfy any legal requirement that such communications or documents be in writing, to the extent permitted by applicable law.

You agree to the use of electronic signatures, electronic contracts, electronic orders, and electronic records in connection with your transactions with us. An electronic acceptance, confirmation, or other electronic action that indicates your agreement may constitute your electronic signature to the extent permitted by applicable law.

You are responsible for keeping your email address and other contact information current and for maintaining access to the electronic communications we send to you.

23. User Data and Backups

We may store information and content you submit to us in connection with your use of the Site and our services, including information submitted for the purpose of creating a personalized song. Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.

Although we may maintain routine backups and reasonable safeguards, we do not guarantee that any information or content submitted to or stored through the Site will always remain available, intact, or recoverable. You are responsible for maintaining your own copies of important information and content that you submit to us.

To the fullest extent permitted by applicable law, we are not responsible for loss or corruption of information or content resulting from circumstances outside our reasonable control.

24. Governing Law and Dispute Resolution

Governing Law: These Terms of Service and your use of the Site and our services are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.

Informal Resolution: Before initiating a formal legal proceeding concerning a dispute arising out of or relating to these Terms of Service, the Site, or our services, you agree to first contact us at hello@yourmelodymagician.com and provide a reasonable description of the dispute and the relief you are seeking. We will have a reasonable opportunity to attempt to resolve the dispute informally.

This informal-resolution requirement does not prevent either party from seeking immediate relief when necessary to prevent irreparable harm or to protect intellectual-property or other legal rights.

Disputes: To the extent permitted by applicable law, disputes arising out of or relating to these Terms of Service, the Site, or our services shall be resolved in accordance with applicable federal or state law and in a court or other forum having lawful jurisdiction over the dispute.

Nothing in these Terms limits or waives any rights, remedies, claims, or protections that cannot lawfully be waived.

25. Miscellaneous
These Terms of Service, together with any applicable order, quote, invoice, Privacy Policy, and other policies expressly incorporated into these Terms of Service, constitute the agreement between you and us concerning your use of the Site and our services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

26. Contact Us
Questions?

Contact hello@yourmelodymagician.com.