The following “Terms of Use”, govern your access to and use of this website www.cupofsong.com (Cup Of Song). Your use of this Website is conditioned upon your acceptance of these Terms of Use. If you do not agree to these terms and conditions, you are not authorized to access or use this Website. We may revise and update these Terms or Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Services:
Cup of Song is an online platform that offers personalized or customized songs for gifting or personal enjoyment. Skilled artists craft custom songs, complete with lyrics, vocals, and music tailored to your preferences
Third Party Websites and Content:
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website.
Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Privacy:
Our Privacy Policy incorporated by reference in these Terms of Use, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy and warrant that all data provided by you is accurate and up to date.
Typographical Errors:
There may be information on this Site that contains typographical errors that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice.
In the event a customized song is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, Cup Of Song shall have the right to refuse or cancel any orders placed for a customized song listed at the incorrect price whether or not the order has been confirmed and your payment made. If your payment has already been done for the purchase and your order is canceled, Cup Of Song shall immediately refund the amount charged.
Pricing:
We ensure that all details of prices appearing on the website are accurate, however, errors may occur. If we discover an error in the price of any customized song which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you, we will treat the order as canceled and give you a full refund.
Additionally, prices for customized songs may change from time to time without notice. However, these changes will not affect orders that are already in processing status. Please note that the prices listed on the website are only applicable for customized songs purchased on the website and not through any other source.
Delivery Of Product:
Once your song is complete, you’ll promptly receive an email notification. To access it, simply login to your account and navigate to the downloads page. There, you’ll find the option to download and enjoy your song at your convenience. However, we offer added flexibility for your ease – upon your request, we can also send the song to you via WhatsApp or email. It’s important to note that, as a digital product, we don’t send the song to your physical address; instead, it’s readily accessible for digital download.
Delivery Time:
For Full Customization, we offer 4 days and 7 days delivery options. As this involves a personalized touch, collaboration between you and us is essential.
- 4 Days: With our 4 days delivery, you’ll receive your order in 4 calendar days, with our first contact within 36 hours of payment time of your order via WhatsApp, Phone Call or Email.
- 7 Days: Our 7 days delivery, offered at no additional cost, provides flexibility but not guaranteed delivery times. Our initial contact will be made within 4 calendar days of payment date of your order WhatsApp, Phone Call or Email, aiming for delivery within 7-10 days.
Please note, no refund for delivery fee will be issued if within 2 calendar days (for 4 days delivery) of payment time/date of your order:
- We don’t receive a response from you.
- Agreement on lyrics, length, or any other song-related details isn’t reached.
- The provided lyrics doesn’t meet your expectations.
For Partial Customization, we offer 1 day, 4 days and 7 days delivery options. As this involves a personalized touch, collaboration between you and us is essential.
- 1 Day: With our 1 day delivery, you’ll receive your order within 24 to 36 hours. Our initial contact will be made within 18 hours of payment time of your order WhatsApp, Phone Call or Email.
- 4 Days: With our 4 day delivery, you’ll receive your order in 4 calendar days. Our initial contact will be made within 2 calendar days of payment date of your order WhatsApp, Phone Call or Email.
- 7 Days: Our 7 days delivery, offered at no additional cost, provides flexibility but not guaranteed delivery times. Our initial contact will be made within 5 calendar days of payment date of your order WhatsApp, Phone Call or Email, aiming for delivery within 7-10 days.
Please note, no refund for delivery fee will be issued if within 24 hours (for 1 day delivery), or 3 calendar days (for 4 days delivery) of payment time/date of your order:
- We don’t receive a response from you.
- Agreement on the personalized message isn’t reached.
- The provided custom message doesn’t meet your expectations.
If you decide to upgrade your delivery option after placing the order or receive a complimentary upgrade, the timeframe will commence from the moment you initiate the upgrade payment or when we provide you with the free upgrade.
Refund/Return/Cancellation Policy:
We understand that music is a matter of personal taste, but a positive experience is universal. Each song is uniquely crafted and tailored to your preferences, which means it can’t be repurposed for another customer. Regrettably, refunds/returns/cancellations cannot be provided due to this customization. However, while we can’t offer refunds for ongoing or finished compositions, we’re committed to collaborating with you to ensure the utmost satisfaction with the end result.
In the event that we do not receive a response to our communication attempts requesting the necessary information for crafting your personalized song within 30 days from the date of purchase, we retain the right to classify the order as abandoned. Should your order be designated as abandoned due to unresponsiveness on your part, please be aware that we will not be under any obligation to issue a refund or proceed with the song’s creation. Consequently, the order may be deemed forfeited.
Song Usage Rights:
Our standard rights and licensing agreement pertain exclusively to Personal Use. This encompasses activities such as enjoying content in private settings with friends and family, sharing on personal social media platforms, playing it at unbranded occasions like weddings, and enhancing personal videos or slideshows, such as a wedding video. The license refrains from presenting it as your creation on commercial platforms like Spotify, using it to promote a business or product, or attempting to monetize the song.
Keen on owning your song outright? Send an email to support@cupofsong.com for inquiries, as we sometimes make these arrangements on an individual basis.
Rights Acknowledgment:
By ordering a song or any of our add-ons, including but not limited to artwork, lyrical video, and slideshow video, you acknowledge and agree that you have obtained all necessary consents and permissions to use any names, photos, videos, or any personal or professional information provided by you for the creation of the requested content.
You further grant us a non-exclusive, royalty-free license to use such materials solely for the purpose of fulfilling your order. You warrant that the use of these materials by us in connection with the services provided does not infringe upon the rights of any third party, and you agree to indemnify and hold us harmless from any claims arising out of any alleged infringement.
Termination:
Cup Of Song has the right to immediately terminate the Agreement between you and Cup Of Song. Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and immediately revoke all passwords and identification issued to you and deny your access to and use of this Site in whole or in part.
Indemnification:
You agree to indemnify, defend and hold harmless the Firm, its owner, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs arising from your use of this website, your breach of these Terms of Use, or infringement of any intellectual property right.
Governing Laws and Jurisdictions:
This Agreement and the relationship between you and Cup Of Song will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Guwahati, India. These Terms of Use constitute the entire agreement between You and Cup Of Song governing your use of the Services, superseding any prior agreements between You and Cup Of Song regarding such use.