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Song Teksten.Com Express Conditions of Service

  1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The Song Teksten.Com Express Service ("Song Teksten.Com Express"or the"Service"), owned and operated by Song Teksten.Com, LTD. ("Song Teksten.Com") is provided to you ("you"or"Applicant") under the Conditions and conditions of this Song Teksten.Com Express Service Agreement (the"Agreement").

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE"I ACCEPT"BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 Song Teksten.Com reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.

  2.0 DESCRIPTION OF Song Teksten.Com EXPRESS SERVICE +

2.1 Song Teksten.Com Express is a fee-based service that allows you to pay for expedited consideration of your web site for possible inclusion in Song Teksten.Com's directory of web sites (the"Directory"). Inclusion in the Directory is not guaranteed. Subject to the Conditions below, and in Song Teksten.Com's sole discretion, if your web site is accepted for inclusion in the Directory through Song Teksten.Com Express on or after December 01, 2004, then your web site's continued inclusion in the Directory will be subject to an additional review each year and to the applicable, then current NON-REFUNDABLE recurring annual fee ("Recurring Annual Fee"). Either wait for an editor to find it and add it, or submit your URL along with the submission fee. Song Teksten.Com cannot guarantee a response within a particular time period. By submitting through Song Teksten.Com Express, Song Teksten.Com's directory team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in Song Teksten.Com Express in accordance with this Agreement, Song Teksten.Com agrees that its directory team will review you site for possible inclusion in the Directory, and respond to you within seven (7) business days from the date that you submit your site for consideration (excluding holiday periods observed by Song Teksten.Com and any delays due to problems processing your request). Response times are measured on Song Teksten.Com's mail servers.

2.2 In order for Song Teksten.Com to consider your site for inclusion in the Directory, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for expedited review and response. If your site is included, you agree that each year, your site will be subject to an additional review for minimum site criteria and your credit card will be charged the then-current Annual Fee. Song Teksten.Com reserves the right to remove your site from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.

2.3 If your site offers services on a subscription basis, you must provide Song Teksten.Com a trial password or subscription ID as part of the registration form. The password/subscription ID will be used by Song Teksten.Com solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below

2.4 The current fee for Song Teksten.Com Express for initial consideration in the Directory is a NON-REFUNDABLE fee of US $249.00 applicable for each web site submitted. payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DIRECTORY . Your payment only guarantees that Song Teksten.Com will consider and respond to your request within seven business days, by either accepting or not accepting your site. You expressly agree to pay to Song Teksten.Com such fee whether or not your site is accepted or denied inclusion in the Directory. If your web site is accepted for inclusion in the commercial Directory as part of Song Teksten.Com Express on or after December 01, 2004, then your web site's continued inclusion in the Directory will be subject to an additional annual review for compliance with the minimum site criteria and you agree that your credit card will be charged the then-current Recurring Annual Fee. Subject to Section 1.3 above, the current Recurring Annual Fee is US $249. If Song Teksten.Com is unable to successfully charge your card or if the charge is refused, your site will be removed. Not charge your card bud your paypal account card or if the charge is refused, your site will be removed. IT IS THE APPLICANT'S RESPONSBILITY TO KEEP CREDIT CARD INFORMATION CURRENT.

2.5 NOTHING IN THIS AGREEMENT OBLIGATES Song Teksten.Com TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON Song Teksten.Com OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES Song Teksten.Com TO PLACE YOUR SITE WITHIN A SPECIFIC Catégorie OR SUBCatégorie OF THE DIRECTORY, OR TO PROVIDE ANY CommentaireS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

2.6 Please note that Song Teksten.Com Express is only open to sites that DO NOT ALREADY EXIST in the Directory. Do not submit your site to Song Teksten.Com Express program if your site already appears in the Directory. IF YOU SUBMIT A SITE THAT ALREADY EXISTS IN THE DIRECTORY THROUGH Song Teksten.Com EXPRESS, YOUR CREDIT CARD WILL BE CHARGED THE THEN-CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW . Nor should you submit change requests to the Song Teksten.Com Express program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site), you must use the change form NOT Song Teksten.Com Express. IF YOU SUBMIT CHANGE REQUESTS THROUGH Song Teksten.Com EXPRESS YOU WILL BE CHARGED THE THEN-CURRENT, APPLICABLE FEE FOR EXPEDITED REVIEW, AND THE CHANGES YOU SUBMIT WILL NOT BE MADE .

2.7 YOUR REPRESENTATIONS REGARDING YOUR SITE

You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of Vie Privé, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations.

  3.0 MINIMUM SITE CRITERIA

3.1 All web sites submitted to Song Teksten.Com Express must meet the following minimum criteria:

  • If the site is a commercial web site, the official business Nom must be visible to any visitor to that site;
  • The site must clearly define its purpose, products, and/or services;
  • The site may not appear in the Directory under a different URL;
  • If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
  • The site must not contain any parts under construction;
  • All links on the site must function properly;
  • The site must be in the English, Dutch, French, German, Spanish language (or have an English, Dutch, French, German, Spanish version available);
  • The site must support multiple browsers and capabilities (e.g., no Java-only sites);
  • The site must be up and running 24 hours a day, 7 days a week;
  • The site must not be dedicated to directing the user to another page;
  • The page may not give the search engine different content than what the end-user sees;

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND Song Teksten.Com, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE.

  4.0 SELECTION AND LISTING OF SITES

4.1 Song Teksten.Com reserves the right to decide whether, where, and how a site is listed in the Directory. If Song Teksten.Com accepts your site for inclusion in the Directory, Song Teksten.Com will consider your preferences, but reserves the right to list your site in any Catégorie or subCatégorie as Song Teksten.Com deems appropriate, in its sole discretion. Song Teksten.Com reserves the right not to include any specific keywords, Commentaires, or annotations with the listing of a site in the Directory.

4.2 Song Teksten.Com also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different Catégorie or subCatégorie, and change or remove any keywords, Commentaires, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.

4.3 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must be approved in advance by Song Teksten.Com in writing. Song Teksten.Com reserves the right to withhold approval of any public announcement in its sole discretion.

  5.0 FEEDBACK

5.1 Song Teksten.Com will contact Applicant by Mail describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an Mail to the address provided by Song Teksten.Com. Song Teksten.Com must receive the Applicant's Mail within thirty days from the date that Song Teksten.Com transmits the rejection Mail to the Applicant. If the request is timely received, Song Teksten.Com will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If Song Teksten.Com reaffirms its denial of the site, no further appeals or submissions will be considered .

5.2 If Song Teksten.Com accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, Commentaire fields, title, etc, at no additional charge by sending an Mail to the address provided by Song Teksten.Com. Song Teksten.Com must receive the Applicant's Mail within thirty days from the date that Song Teksten.Com transmits the acceptance Mail to the Applicant. If a timely request is received, Song Teksten.Com will again review the Applicant's site and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must comply with Song Teksten.Com's standard change process form to make any changes to the listing in the Directory.

  6.0 TERMINATION

6.1 If you wish to terminate participation in the Song Teksten.Com Express program, you must send a notice to Song Teksten.Com as set forth in Section 11,"Notices,"below. Please state that you wish to terminate your site's inclusion in the Song Teksten.Com Directory and from Song Teksten.Com Express. To avoid your credit card being billed for the Recurring Annual Fee, requests for termination must be received by Song Teksten.Com at least five (5) business days before the end of the year that you intend to be your last year of participation. The"end of the year"is defined as 365 days from the date that your web site was added to the Song Teksten.Com Directory as noted on the confirmation Mailed to you at that time. Once Song Teksten.Com receives such notification from you, your participation in the Song Teksten.Com Express program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that Song Teksten.Com will not be required to refund any portion of such fee.

  7.0 APPLICANT Vie Privé

7.1 Song Teksten.Com maintains information about Applicant on Song Teksten.Com servers, including but not limited to Applicant's registration information. Applicant agrees that Song Teksten.Com may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Song Teksten.Com may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of Song Teksten.Com or others; provided, however, that nothing in this section shall impose a duty on Song Teksten.Com to make any such disclosures.

7.2 Song Teksten.Com may contact Applicant regarding Song Teksten.Com Express using the Applicant's Mail address provided during the registration process (or as updated by Applicant). Such Mail messages may contain opportunities regarding special offers and new products from Song Teksten.Com's Annonceurs.

  8.0 INDEMNITY

Applicant agrees to indemnify, defend and hold harmless Song Teksten.Com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Song Teksten.Com reserves the right, at its own expense, to assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

  9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

9.1 THE SERVICE IS PROVIDED ON AN"AS IS"AND"AS AVAILABLE"BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9.2 Song Teksten.Com, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Song Teksten.Com IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, Song Teksten.Com'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR Song Teksten.Com'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

9.3 Song Teksten.ComS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Song Teksten.Com UNDER THIS AGREEMENT.

  10.0 FORCE MAJEURE

10.1 Song Teksten.Com is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.

  11.0 NOTICES

11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Song Teksten.Com, such notices shall be addressed to service@Song Teksten.Com or to Song Teksten.Com Express Producer at Kuringersteenweg 295 Hasselt, 3500, Belgium . If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service reg is tration form, or such other address as either party may give the other by notice as provided in th is Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Song Teksten.Com is notified of any changes to Applicant's address as specified in th is Section.

  12.0 ENTIRE AGREEMENT

12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Song Teksten.Com Conditions of Service and the Song Teksten.Com Vie Privé Policy.

  13.0 GENERAL

13.1 The Agreement and the relationship between Applicant and Song Teksten.Com are governed by the laws of Belgium . without regard to that state's conflict of laws rules. Song Teksten.Com's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties'intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect.

13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.

 
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