Welcome to asongwriter. The terms "we," "us," and "our" refer to Madness Media LLC. Madness Media LLC operates this website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated experience (the "Services").
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, song licensing, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
01 Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our website or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing and payment information, and details about the subject of your custom song. You represent and warrant that all the information you provide on our website is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
02 Our Products
asongwriter creates custom, personalized songs based on information you provide about meaningful people, moments, and relationships in your life. While we aim to create something deeply moving and meaningful, the final result may differ from what you initially imagined. As with any creative service, interpretations and emotional responses can vary. We do not warrant that the appearance, quality, or emotional impact of any products or services purchased by you will meet your expectations or be the same as depicted on our website.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
03 Orders
When you place an order, you are making an offer to purchase. Madness Media LLC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted and work has begun. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email provided at the time the order was made.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.
04 Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
05 Delivery
We provide access to purchased services by making your completed custom song available through the Services and by sending a delivery notification to the email address you provide. It is your responsibility to ensure that the email address you provide is accurate and capable of receiving our messages.
Delivery is complete when your custom song is made available, whether or not you open the delivery email, click the link, or play the song, and whether or not any email notification is received (including if the email address provided is incorrect or inaccessible, or messages are filtered or bounce).
Upon delivery, responsibility for access and the risk of loss or failure to access the product passes to you. This includes circumstances where you do not open the email, misplace it, or where delivery fails due to an incorrect or inaccessible email address provided by you. Please check your spam or junk folders if you do not see your delivery.
Access links may be time-limited, changed, or disabled without notice. We do not promise ongoing hosting, archiving, backup, re-delivery, or continued availability. Delivery times are estimates only and are not guaranteed, and we are not responsible for delays or access issues caused by events outside our control or by your devices, software, internet service, or email settings.
06 Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by Madness Media LLC, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Madness Media LLC, or any third party.
Song Ownership and License
All songs, musical compositions, lyrics, and audio recordings created through our Services ("Custom Songs") are the exclusive property of Madness Media LLC. When you purchase a Custom Song, you receive a limited, non-exclusive, non-transferable license to use that song for personal, non-commercial purposes only.
You may:
- Listen to and enjoy your Custom Song privately
- Share your Custom Song with friends and family for personal enjoyment
- Play your Custom Song at private, non-commercial events (e.g., weddings, birthdays, anniversaries, memorials)
You may NOT, without our prior written consent:
- Upload your Custom Song to streaming platforms (Spotify, Apple Music, YouTube Music, SoundCloud, TikTok, etc.)
- Collect royalties or any commercial revenue from your Custom Song
- License, sell, sublicense, or transfer your Custom Song to any third party
- Use your Custom Song in any commercial context (advertising, films, broadcasts, social media monetization, sync placements, etc.)
- Create derivative works from your Custom Song for commercial purposes
- Submit your Custom Song to AI training datasets or any machine learning system
Madness Media LLC retains all copyright, ownership, and intellectual property rights in all Custom Songs, including the underlying musical composition, lyrics, audio recording, and any synthetic vocal performances. The purchase price covers the creation service and personal use license only, not ownership or commercial rights.
If you are interested in acquiring expanded rights or commercial licensing for your Custom Song, please contact us at asongwriter@gmail.com.
Use of Your Materials and Outputs in Marketing
Subject to applicable law and our Privacy Policy, you grant Madness Media LLC a perpetual, worldwide, non-exclusive, royalty-free, irrevocable (to the extent permitted by law) license to:
(a) use anonymized references to your order's general subject matter or occasion type (e.g., "a wedding song," "a graduation song," "a memorial song") in marketing materials, without revealing identifying details about you, the subject of your song, or specific personal information; and
(b) retain copies of materials you provide to us and outputs delivered to you for our internal records, quality assurance, and service improvement purposes.
You retain control over public-facing marketing use of your specific Custom Song. We will not publish identifying details of your song, your lyrics, or your personal story in public-facing marketing (such as our website, social media, or examples page) without your express opt-in consent. If you wish to grant Madness Media LLC additional rights to publish your Custom Song or its details in marketing, you may opt in during the intake process or by separate written agreement.
You represent and warrant that you have all necessary rights and consents for any names, voices, likenesses, or personal data of others you provide, including minors, and that you are the parent or legal guardian of any minor whose information you provide or have verifiable parental consent.
07 Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
08 Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
09 Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. We may use third-party service providers to operate and improve the Services, as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we and our partners use your personal information.
10 Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it. We may, but are under no obligation to, monitor, pre-screen, edit, publish, or remove any Feedback at any time for any reason.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You are solely responsible for any Feedback you make and its accuracy.
11 Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, delivery charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
12 Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Services; or (f) submit Custom Songs or other outputs to AI training datasets or machine learning systems. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
13 Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
14 Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Madness Media LLC, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
15 Limitation of Liability
To the fullest extent provided by law, in no case shall Madness Media LLC, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services.
To the maximum extent permitted by law, in no event will our total liability arising out of or relating to any given purchase exceed the amount actually received by Madness Media LLC from you for that purchase (net of any refunds, chargebacks, credits, payment processor fees, and third-party production or fulfillment costs). We may, at our option, satisfy any such liability by re-delivering the digital product or issuing a refund; these are your sole and exclusive remedies, notwithstanding any failure of essential purpose of any limited remedy. This limitation does not apply where prohibited by law.
16 Indemnification
You agree to indemnify, defend, and hold harmless Madness Media LLC, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
17 Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18 Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19 Assignment
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
20 Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to conflict-of-laws rules. For matters not subject to arbitration, the state and federal courts located in Orange County, California have exclusive jurisdiction and venue, and you and Madness Media LLC consent to personal jurisdiction in those courts.
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve disputes regarding arbitrability.
Class, collective, or representative actions are not permitted, and you and Madness Media LLC waive any right to a jury trial.
Either party may bring an individual claim in small claims court, and either party may seek temporary or permanent injunctive relief in court to protect intellectual property or prevent unauthorized access or use of the Services. Arbitration may be conducted by video/teleconference or, at your request, in your county of residence. In the event of mass filings, the AAA's mass-arbitration/bellwether procedures will apply and remaining claims may be stayed. This section survives termination.
21 Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
22 Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23 Refunds and Cancellations
Because our products and services are custom and digital in nature, all sales are generally final once work has begun or delivery has occurred. Cancellation requests must be submitted promptly to asongwriter@gmail.com, and may be approved or declined at our sole discretion based on the status of your order.
Refunds are considered at our sole discretion. Add-ons, rush/priority delivery, and other upgrades are non-refundable once purchased.
If we are unable to deliver substantially as described in your order due to an error on our part, we may, at our option, re-deliver the digital product or provide a refund. Any approved refund will be issued to the original payment method; processing times vary by provider. Payment processor fees, third-party production, or fulfillment costs may be non-refundable and may be deducted from any refund where permitted by law.
If you believe a charge is incorrect, contact us first at asongwriter@gmail.com so we can help resolve it. Initiating a chargeback without contacting us may delay resolution; we reserve the right to dispute chargebacks and to suspend accounts associated with abusive or fraudulent disputes.
24 Contact Information
Questions about these Terms of Service should be sent to us at:
Madness Media LLC
asongwriter.com
asongwriter@gmail.com