TERMS OF SERVICE

These Terms of Service (the “Terms”) govern your access to and use of the Song Wars® platform, including the website at songwars.gg, any related subdomains, applications, and services (collectively, the “Platform”). The Platform is operated by Song Wars® (“Song Wars”, “we”, “us”, or “our”).

By accessing, browsing, registering an account, uploading content, voting, or otherwise using the Platform, you (“User”, “you”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction) to use the Platform. If you are under 18, you represent that you have your parent or legal guardian’s permission to use the Platform.

• Beat: an instrumental audio track made available on the Platform by a Rights Holder for use in Song Wars sessions.
• Recording: vocal or other audio content created and uploaded by a User over a Beat during a session.
• Rights Holder: the producer, songwriter, publisher, or other party that owns or controls the rights in a Beat.
• User Content: any content (Recordings, comments, messages, profile information, beat submissions) that a User uploads or transmits to the Platform.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to update it as necessary.

You agree not to, and not to allow any third party to:

• upload, post, or transmit any content that infringes the intellectual property, privacy, publicity, or other rights of any person;
• upload content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that promotes violence or discrimination;
• impersonate any person, misrepresent your affiliation, or use a false identity;
• circumvent, disable, or interfere with security or moderation features of the Platform;
• use automated means (bots, scrapers, vote-rigging tools) to manipulate sessions, votes, leaderboards, or other Platform mechanics;
• reverse-engineer, decompile, or attempt to extract the source code of the Platform;
• collect or harvest data about other Users without their consent.

We reserve the right, but are not obligated, to monitor, review, or remove any User Content and to investigate suspected violations of these Terms.

All Beats made available on the Platform are used with the permission of the relevant Rights Holders. That permission is limited and personal to Song Wars and is granted solely for the purpose of operating the Platform’s gameplay, voting, presentation, and related functionality.

The license that Song Wars holds to the Beats does NOT extend to Users. Users are not permitted to download (other than as the Platform technically requires for playback during a session), reproduce, distribute, broadcast, perform, publish, sync to video, sample, remix, monetize, or otherwise exploit any Beat outside of the Platform’s in-session functionality. This includes, without limitation, releasing or distributing music containing any Beat on Spotify, Apple Music, YouTube, SoundCloud, TikTok, Instagram, or any other service.

Any use of a Beat outside of the Platform requires a separate written license obtained directly from the Rights Holder. Song Wars is not a party to, and bears no responsibility for, any such separate arrangement.

All Beats remain the exclusive property of their respective Rights Holders. Nothing on the Platform shall be construed as granting any license or right to use any trademark, trade name, service mark, or logo of any Rights Holder or of Song Wars.

You retain ownership of the original creative elements of your Recordings and other User Content. By uploading or otherwise making User Content available on the Platform, you grant Song Wars a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, publicly perform, publicly display, transmit, transcode, modify (for technical purposes such as encoding and waveform generation), and distribute that User Content for the purposes of operating, providing, promoting, and improving the Platform.

You acknowledge and agree that your Recording is a derivative work that incorporates a third-party Beat. The license you grant to Song Wars does not and cannot extend the underlying license in the Beat. You may not commercially exploit your Recording outside the Platform without first obtaining the necessary license to the underlying Beat from the Rights Holder.

You represent and warrant that: (a) you own or have all necessary rights to your User Content; (b) your User Content does not infringe any third-party rights; and (c) the use of your User Content as contemplated by these Terms will not violate any applicable law.

If you submit a Beat to Song Wars (a “Submission”), you represent and warrant that:

• the Submission is your original work, or you have obtained all necessary rights, licenses, consents, and permissions from every Rights Holder to upload the Submission to the Platform and to grant Song Wars the rights described below;
• the Submission does not contain any uncleared samples, loops, or third-party material;
• the Submission does not infringe any copyright, trademark, publicity, privacy, or other right of any person.

By submitting a Beat, you grant Song Wars a worldwide, non-exclusive, royalty-free license to host, reproduce, publicly perform, transmit, and make the Beat available on the Platform for use in sessions, voting, playback, and related functionality. You may withdraw a Submission by contacting support@songwars.gg; we will remove it within a reasonable period after verifying your request.

You agree to indemnify and hold Song Wars harmless from any claim arising out of a breach of the representations and warranties in this Section.

Where technically feasible, the Platform displays visible written credit to the Rights Holder of each Beat (e.g., “PROD. [PRODUCER NAME]”) wherever the Beat appears, in lieu of intrusive audio tags. Users must not remove, obscure, or alter such credits.

We respect intellectual property rights and respond to clear notices of alleged infringement consistent with the U.S. Digital Millennium Copyright Act (DMCA), EU Directive 2019/790, and other applicable laws.

If you believe that content on the Platform infringes a copyright that you own or control, please send a written notice to our designated agent at support@songwars.gg containing:

1. your physical or electronic signature;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to allow us to locate it (e.g., URL, lobby code, username);
4. your contact information (address, telephone number, email);
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
6. a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or authorized to act on the owner’s behalf.

Upon receipt of a valid notice, we will promptly remove or disable access to the allegedly infringing material and notify the affected User. The User may submit a counter-notice in accordance with applicable law. We may, in appropriate circumstances, terminate accounts of Users who are repeat infringers.

Without limiting any other right or remedy, we may, at any time and without prior notice, take any of the following actions if we believe (in our sole discretion) that you have violated these Terms or that your conduct is harmful to the Platform, other Users, or any Rights Holder:

• remove, hide, or modify any User Content;
• suspend or terminate your account, temporarily or permanently;
• restrict your access to features (chat, voting, hosting, submissions);
• ban your IP address or device from the Platform;
• report unlawful conduct to the relevant authorities and cooperate with any investigation;
• pursue any legal remedy available to us.

The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, secure, or error-free. Song Wars does not warrant the accuracy, reliability, or completeness of any User Content.

To the maximum extent permitted by applicable law, in no event shall Song Wars, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Platform, even if advised of the possibility of such damages. Song Wars’s aggregate liability for any claim arising out of these Terms or the Platform shall not exceed one hundred euros (€100) or, where greater, the amount you paid to Song Wars in the twelve (12) months preceding the claim.

You agree to defend, indemnify, and hold harmless Song Wars and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (i) your use of the Platform; (ii) your User Content or any Submission; (iii) your violation of these Terms; or (iv) your violation of any third-party right, including any intellectual property, publicity, or privacy right.

We may modify, suspend, or discontinue any part of the Platform at any time. We may also revise these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Material changes will be communicated through the Platform or by email. Continued use of the Platform after any change constitutes acceptance of the revised Terms.

These Terms are governed by and construed in accordance with the laws of Sweden, without regard to its conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Stockholm, Sweden, except where mandatory consumer- protection laws of your country of residence provide otherwise.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision. You may not assign these Terms without our prior written consent; we may freely assign them. These Terms constitute the entire agreement between you and Song Wars regarding the Platform.

For any questions about these Terms, including takedown requests, please contact: support@songwars.gg.