Terms and Conditions
1. Your Acceptance
2. Website Access
By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Raymond Brown and/or the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Raymond Brown suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Raymond Brown servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Raymond Brown grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Raymond Brown reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. The Website
These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Raymond Brown. Raymond Brown has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you specifically release Raymond Brown from any and all liability arising from your use of any third-party website.
4. Payment Terms (Fees, Klarna, Gift Cards, Referral Program)
Fees: The fee for a Raymond Brown product or other offering is specified on the page on our Website where you purchase the applicable Raymond Brown product. You agree to pay all amounts due in accordance with the payment terms in effect when you purchase a Raymond Brown product, including any applicable service, transaction, or processing fees.
Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Raymond Brown may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
Payment: You may purchase a Raymond Brown product by using a valid payment card with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Your use of your payment card is governed by your agreement with and the privacy policy of the applicable payment card, not these terms.
Refunds and Revisions: For Original Custom Song orders, cancellations and refunds are strictly prohibited once the order is accepted by Raymond Brown. In the event that Raymond Brown is unable to fulfill an Original Custom Song order due to unforeseen circumstances, the purchaser will be entitled to either a full refund of the purchase price or the equivalent amount in Raymond Brown site credits for future use. If an Original Custom Song order cannot be fulfilled due to incomplete or missing information provided by the purchaser, Raymond Brown will issue a refund of the purchase price minus the applicable service fee or the equivalent amount in Raymond Brown site credits.
Participation in the Customer Referral Program is limited to: (a) each user; and (b) user’s friends, family members, or personal contacts who have never created a Raymond Brown account. For each eligible friend, family member, or personal contact who creates a Raymond Brown account for the first time using your URL (each, a “Referred User”), Raymond Brown will issue a one-time credit to the Referred User and, after the Referred User’s first purchase of a Raymond Brown product priced at the amount specified to you (each, a “Customer Referral Credit”) as described below:
After the Referred User creates a Raymond Brown account, Raymond Brown will issue a Customer Referral Credit to the Referred User’s Raymond Brown account; and after the Referred User makes their first purchase of a Raymond Brown product on the Website, Raymond Brown will issue a Customer Referral Credit for that Referred User to the referring user’s (your) Raymond Brown account.
Notwithstanding anything to the contrary, you acknowledge and agree that: a new user will not be deemed a Referred User under the Customer Referral Program and no Customer Referral Credit will be due to that new user or you if: your URL is not used when a new user creates a new Raymond Brown account; your friend, family member, or personal contact has previously either purchased a Raymond Brown product or created a Raymond Brown account, (with or without another URL), whether or not, in either case, under the same or different name or email address, or otherwise; or anyone else has received or is receiving a Customer Referral Credit in connection with that friend, family member, or personal contact.
You represent and warrant that when you share your URL with your personal connections, you will: (a) distribute it in a personal manner; (b) not distribute it in a bulk manner; and (c) not create or send any unsolicited commercial email or a “spam” message under any applicable law or regulation. Unless expressly authorized by Raymond Brown, any sharing that does not meet these requirements is expressly prohibited and constitutes grounds for immediate termination of your Raymond Brown account, including deletion of any Customer Referral Credits, and your participation in the Customer Referral Program. Any Raymond Brown account created using a URL that was distributed through an unauthorized channel will not be valid and any Customer Referral Fees issued in connection with that Raymond Brown account may be revoked.
By participating in the Customer Referral Program, you agree to release and hold harmless Raymond Brown Parties from and against any and all economic liabilities, claims, damages, loss, harm, costs, or expenses, including property damage, that arise from or relate in any way to the Customer Referral Program.
5. Intellectual Property Rights
A user of the Website who receives a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively as the “Master”) shall be given the limited license to use the Master solely for personal use. A user shall have no right to copy, sell, lease, publicly perform, license or otherwise grant rights in and to the Master. No ownership or rights of any sort in and to the Master shall be transferred, assigned or sold to the user through the purchase of the Master via the Website. Raymond Brown may, in its sole discretion, grant a user additional rights to share the Master solely through mechanisms (e.g. embedding) provided on the Website or uploading the Master for distribution on certain streaming services. Any such grant of additional rights shall in no way alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Master.
6. User Submissions
7. Rules of Conduct
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized.
- Infringes or violates any patent, copyright, trademark, trade secret or other property right; breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way.
- Constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech.
- Violates or encourages others to violate any applicable law, statute, ordinance or regulation.
- Promotes software or services that deliver unsolicited e-mail; or contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Raymond Brown’s express advance authorization or in a specially designated area, use the Website to:
- Harm minors in any way; solicit personal information from anyone under 18.
- Provide false or deceptive information; delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; OR
- Allow usage by others in such a way as to violate Raymond Brown’s Terms of Use.
8. Copyright Infringement
Raymond Brown respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Raymond Brown and the Website, you may not post, modify, distribute, or reproduce in any way any user submitted content that is copyrighted material belonging to others, without obtaining their prior written consent. Raymond Brown reserves the right, in its discretion, to remove any user submitted content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the content of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
www.raymondbrownofficial.com
Email: official@raymondbrown.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
Raymond Brown reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Raymond Brown shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10. Termination
11. Warranty Disclaimer
You Agree That Your Use of the Website Shall Be at Your Sole Risk. To the Fullest Extent Permitted by Law, Raymond Brown, and Any Parent, Subsidiary, Affiliate, Director, Officer, Employee, Licensor, Distributor, Supplier, Agent, Reseller, Owner, or Operator of Songfinch, Disclaim All Warranties, Express or Implied, in Connection With the Website and Your Use Thereof. Raymond Brown Makes No Warranties or Representations About the Accuracy or Completeness of the Website’s Content or the Content of Any Sites Linked to This Site and Assumes No Liability or Responsibility for Any (I) Errors, Mistakes, or Inaccuracies of Content, (Ii) Personal Injury or Property Damage, of Any Nature Whatsoever, Resulting From Your Access to and Use of the Website, (Iii) Any Unauthorized Access to or Use of Our Secure Servers and/or Any and All Personal Information Stored Therein, (Iv) Any Interruption or Cessation of Transmission to or From the Website, (Iv) Any Bugs, Viruses, Trojan Horses, or the Like Which May Be Transmitted to or Through Our Website by Any Third Party, and/or (V) Any Errors or Omissions in Any Content or for Any Loss or Damage of Any Kind Incurred as a Result of the Use of Any Content Posted, Emailed, Transmitted, or Otherwise Made Available via the Website. Raymond Brown Does Not Warrant, Endorse, Guarantee, or Assume Responsibility for Any Hyperlinked Website or Other Promotion, and Raymond Brown Will Not Be a Party to or in Any Way Be Responsible for Monitoring Any Transaction Between You and Third-party Providers of Products or Services. No Advice or Information, Whether Oral or Written, Obtained by You From Raymond Brown or Through or From the Service Shall Create Any Warranty Not Expressly Stated in the Terms of Use. 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.
12. Limitation of Liability
You Specifically Acknowledge That Raymond Brown Shall Not Be Liable for User Submissions or for Any Defamatory, Offensive, or Illegal Conduct of Any Third Party and That the Risk of Harm or Damage From the Foregoing Rests Entirely With You.
The Website is controlled and offered by Raymond Brown from its facilities in the United States of America. Raymond Brown makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
14. Ability to Accept Terms of Use
15. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Raymond Brown without restriction.
16. Copyright Notice
17. General
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Raymond Brown’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Raymond Brown reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. Texting Terms and Conditions
Standard message and data rates may apply. Send STOP to cancel and HELP for help. For more information, contact us at official@raymondbrown.com
Raymond Brown is committed to protecting your privacy; please see Raymond Brown’s privacy policy for more information regarding how we use your number.