Changes to Terms
Rock Star Recipes Ltd. reserves the right to change these terms, without notice to you, at its own discretion.
How Our Service Works
SongPond provides video lesson tuition for songs and general instrument techniques. These lessons are for the personal, private use of SongPond members only and may not be reproduced, republished or distributed in any way. Rock Star Recipes Ltd. reserves the right to make changes in how it operates this service, without notice to you, at its own discretion. RSR does not warranty song or instrument tuition videos nor guarantee that they will play in your computer.
Membership and Billing
You must be 18 years of age to use the SongPond site and tutorial lessons. Persons under 18 may use the SongPond service only with the involvement of a parent or legal guardian. SongPond offers a number of monthly subscription plans at differing prices and song credit amounts. Users select songs they would like to learn and view them from the SongPond site. Details of SongPond membership plans are available at anytime by selecting the ‘My Account’ link located on your profile page on the SongPond site.
• Free trials
Rock Star Recipes Ltd. encourages use of the SongPond service by occassionally offering free trials on all membership plans. When these are made available, they are only available to first time customers of SongPond and last for 10 days after registration. Free trials can not be combined with any other offer, cannot be accrued and are not transferable.
You must have an internet connection and a valid credit or debit card to redeem your free trial. Your credit or debit card information will be stored by a secure third party processor. No charges will be made to your credit or debit card if you cancel during the free trial period.
Rock Star Recipes Ltd. will bill your credit or debit card in accordance with your membership plan at the end of the free 10 day trial period and monthly thereafter. Rock Star Recipes Ltd. is not obligated to notify you that your free trial has ended. You must cancel before the end of your free trial to avoid charges to you credit or debit card. Rock Star Recipes Ltd. will continue to bill you in accordance with your membership plan until you cancel. You may cancel at anytime by selecting the ‘Cancel Membership’ link on your profile page on the SongPond site. Rock Star Recipes Ltd. reserves the right to modify, terminate or otherwise amend its offered membership plans.
• Discount Offers
From time to time we offer SongPond Membership at a promotional discounted rate. Memberships purchased during promotion may be changed or upgraded, however, discount rates do not apply when changing or upgrading an existing plan, unless otherwise stated.
• Free Access Offers
From time to time we offer time limited free access membership plans. Memberships activated during these promotions may be changed or upgraded, however, free access privileges do not apply when changing or upgrading an existing plan, unless otherwise stated.
• Content Delivery
SongPond tutorials and song lessons are delivered via instant streaming video. Song lessons and tutorials are available to be viewed as soon as Membership is approved and the lesson has been purchased with song credits.
By starting a SongPond membership plan, you agree that Rock Star Recipes Ltd. is authorized to charge you a membership fee, every 30 days, from the credit or debit card you provide during registration, or the debit or credit card you provide when changing billing card details from your account page. Rock Star Recipes Ltd. will automatically bill your debit or credit card every 30 days from the date you registered to use SongPond. Rock Star Recipes Ltd. may change your membership fees and charges from time to time but will give you advanced notice of such changes. If your debit or credit card expires and you continue to use the SongPond service, you agree to authorize us to continue billing that debit or credit card and you are responsible for any unpaid amounts.
By selecting to purchase a SongPond song credit pack, you agree that Rock Star Recipes Ltd. is authorized to charge your credit or debit card in accordance with the song pack’s pricing.
All charges are quoted on the SongPond site in $US unless specifically indicated otherwise.
• Ongoing Membership
Your SongPond membership continues until you have cancelled it or Rock Star Recipes Ltd. has terminated it.
• Cancellation and Refunds
You may cancel your SongPond membership at anytime by selecting the Cancel Membership button within your personal profile page on the SongPond website. Cancellation is effective immediately. Rock Star Recipes Ltd. does not provide refunds or credits for any partial month membership but you may still use unused song credits to purchase song lessons and continue to access your account to view previously purchased lessons.
RSR reserves the right to terminate your account, without notice, for any or no reason.
BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE SONGPOND COMMUNITY, SONGPOND MEMBERS AND OTHER VISITORS TO THE SONGPOND SITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.
Use of the Community feature is for your personal, non-commercial use and is at your own option and risk.
There are different elements to SongPond Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Anyone who participates in the SongPond Community is automatically given an anonymous screen name ("nickname") and a generic avatar photo to represent them in public. You can update your screen name or photo/image avatar at any time, as often as desired, to identify yourself in connection with your Account profile. Rock Star Recipes Ltd supplies this pseudonym on your behalf so that any presented information is not personally identifiable. You always have the opportunity to update this automatic pseudonym with a pseudonym of your choice, or even supply your real name, but by doing so you are choosing to disclose your identity in connection with your reviews and ratings and other forms of personal information on our Rock Star Recipes Ltd. site.
In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that Rock Star Recipes Ltd may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
Account Access; Identity Protection
In order to provide you with ease of access to your account, SongPond will place a cookie (a small text file) on any computer from which you access the SongPond site.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the SongPond site.
If you find that you're a victim of identity theft and it involves a SongPond account, you should notify Support. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. SongPond reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. SongPond is not obligated to credit or discount a membership for holds placed on the account by either a representative of SongPond or by the automated processes of SongPond.
Disclaimers of Warranties and Limitations on Liability
THE SONGPOND SERVICE, INCLUDING ALL LESSONS, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITHSONGPOND SITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND ROCK STAR RECIPES LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SONGPOND SERVICE, THE SONGPOND SITE AND ITS CONTENTS. ROCK STAR RECIPES LTD. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SONGPOND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SONGPOND MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SONGPOND SERVICE, OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE SONGPOND SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Without limiting the foregoing, Rock Star Recipes Ltd assumes no liability or responsibility for any of the following:
(i) content contained on or defects with lessons from the SongPond service;
(ii) errors or omissions in the content or on the SongPond site,
(iii) recommendations or advice of Support;
(iv) any failures, delays, or interruptions in the SongPond lessons;
(v) any failure or interruption in the availability of the SongPond service and/or SongPond site;
(vi) delivery of any content contained on the SongPond site or through the SongPond service, and
(vii) any losses or damages arising from the use of the content provided on the SongPond site or the SongPond service itself, including any losses or damages arising from watching lessons and/or downloading of related software, downloading and/or use of any other software, or any conduct by users of the SongPond service or Rock Star Recipes Ltd. TO THE EXTENT ALLOWABLE BY LAW, ROCK STAR RECIPES LTD AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, Rock Star Recipes Ltd does not represent or warrant that the information accessible via our site is accurate, complete or current. Rock Star Recipes Ltd does not make any representations with respect to the content contained in lessons from the SongPond service or the descriptions of any lesson contained on the SongPond site. Rock Star Recipes Ltd does not represent or guarantee that your use of the SongPond service and site will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Rock Star Recipes Ltd disclaims any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon SongPond or its affiliated parties.
In no event shall SongPond, Rock Star Recipes Ltd., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the SongPond site, its contents or the SongPond service, including any features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use the SongPond site, its contents or the SongPond service, including any features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
All content included on the SongPond and/or Rock Star Recipes Ltd. sites and delivered to members as part of the service, including lessons you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Rock Star Recipes Ltd., or its suppliers and is protected by New Zealand and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Rock Star Recipes Ltd., and protected by New Zealand and international copyright laws. Content shall not be reproduced or used without expressed written permission from Rock Star Recipes Ltd., or its suppliers.
SongPond is the registered trademark of Rock Star Recipes Ltd. The SongPond logo, and SongPond.com are trademarks or service marks of Rock Star Recipes Ltd. The SongPond site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Rock Star Recipes Ltd. The trademarks, service marks and trade dress of SongPond may not be used or reproduced without prior written approval from Rock Star Recipes Ltd. and may not be used in connection with any product or service that is not affiliated with SongPond, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Rock Star Recipes Ltd., or in any manner that disparages or discredits SongPond.
Other trademarks that appear on the SongPond site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SongPond. Any images of persons or personalities contained on the SongPond site are not an indication or endorsement of SongPond or any particular product or our service unless otherwise indicated.
Entertainment and SongPond site Content
Rock Star Recipes Ltd is a New Zealand company that distributes music tuition and song lessons and reserves the right to display and promote music entertainment or other information on our SongPond site to you in any manner Rock Star Recipes Ltd chooses in our sole and absolute discretion. In addition, the SongPond site allows you and other third parties to post reviews or comments concerning the lessons distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the SongPond site are those of the respective authors or producers and not of SongPond or Rock Star Recipes Ltd. or its shareholders, directors, officers, or employees. Under no circumstances shall Rock Star Recipes Ltd. or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the SongPond site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the SongPond site.
Use of Information Submitted
Rock Star Recipes Ltd. is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to SongPond ("Content"), including, without limitation, responses to questionnaires or through postings to the SongPond site, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SongPond site or other Rock Star Recipes Ltd. sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Rock Star Recipes Ltd. does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SongPond. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against SongPond, Rock Star Recipes Ltd. and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, Rock Star Recipes Ltd test various aspects of our service, including service levels, plans, promotions, features, lesson availability, delivery, and pricing, and Rock Star Recipes Ltd reserves the right to include you in or exclude you from these tests without notice.
By using the SongPond service, you consent to receiving electronic communications from SongPond. These communications will include a newsletter, notices about your account and other transactional information, and information concerning or related to our service. These communications are part of your relationship with SongPond and you receive them as part of the SongPond membership. You agree that any notice, agreements, disclosure or other communications that Rock Star Recipes Ltd sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
If you need assistance with your account, you may check the Support FAQs at any time where you will find the answers to many frequently asked questions and information on reaching a Support Representative either through the SongPond site or by writing to Rock Star Recipes Ltd at the address below.
Your Conduct on the SongPond site
By accessing the SongPond site, you agree to use the SongPond service, including all lessons and features associated therewith, the SongPond site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SongPond site. You also agree not to interfere with the servers or networks connected to the SongPond site or to violate any of the procedures, policies or regulations of networks connected to the SongPond site. You also agree not to impersonate any other person while using the SongPond. site, conduct yourself in a vulgar or offensive manner while using our service, or use the SongPond site for any unlawful purpose.
Limitations on Use
Right to Terminate
Rock Star Recipes Ltd reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Some of the hyperlinks on the SongPond site may lead to other sites that are not controlled by, or affiliated with, SongPond. In addition, other Rock Star Recipes Ltd. sites may link to the SongPond site. SongPond has not reviewed these sites and is not responsible for the content or privacy policies of these sites.
Claims of Copyright Infringement
It is the policy of SongPond to respect the intellectual property rights of others. Rock Star Recipes Ltd. does not promote, foster or condone the copying of online content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the SongPond site, or know of someone who is making unauthorized use of the content of the SongPond site, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the SongPond site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice hotline is +64-3-365-0800 and the email address is email@example.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. Rock Star Recipes Ltd will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from the SongPond site or disabled after Rock Star Recipes Ltd received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once Rock Star Recipes Ltd has received your counter-notification, Rock Star Recipes Ltd will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If Rock Star Recipes Ltd receives notice of such an action, Rock Star Recipes Ltd will not restore the material. If Rock Star Recipes Ltd does not receive such notification, Rock Star Recipes Ltd will replace the removed material and cease disabling access to it. SongPond shall have the right to terminate the account of any subscriber who posts infringing material.
Rock Star Recipes Ltd.
Attn: General Manager
PO Box 13 661
Unit 1, 123 Blenheim Road
New Zealand 8141
Disputes; Governing Law
Disclaimer and Contact Information
SongPond is a service of Rock Star Recipes Ltd, a New Zealand company. All enquiries regarding SongPond or other Rock Star Recipes Ltd products or service may be made by contacting us via email, by phone at +64-3-365-0800 or my mail at:
Rock Star Recipes Ltd
Unit 1, Level 1 123 Blenheim Road
PO Box 13661
New Zealand 8141