Fender Songs™ Terms of Service
Intellectual Property Rights
© 2019 Copyright Fender Musical Instruments Corporation. All rights reserved
Fender Songs and any content viewed through Fender Songs are strictly for your personal and non-commercial use only. We grant you a limited, non-exclusive, non-transferable, license to access Fender Songs. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You are hereby prohibited from using Fender Songs for public performances.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on Fender Songs are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of Fender Songs also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout Fender Songs. Fender Songs may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
ACOUSTASONIC, BANDMASTER, BASSMAN, BIGSBY, BULLET, CHAMP, DELUXE REVERB, DURA-TONE, ESQUIRE, Stylized F (in Thick & Thin Script), FENDER (standard and in Stylized Thick & Thin Script), FENDER CHORDS, FENDER CONNECT, FENDER PLAY, FENDER SONGS, FENDER TONE, FENDER TUNE, FRONTMAN, the distinctive guitar headstock designs commonly found on FENDER TELECASTER, STRATOCASTER, PRECISION BASS and JAZZ BASS electric guitars, J BASS, JAG-STANG, JAGUAR, JAZZ BASS, JAZZMASTER, METEORA, MUSTANG, NOCASTER, P BASS, PARAMOUNT, PASSPORT, POWERCASTER, PRECISION BASS, PRINCETON, RELIC, ROAD WORN, SFX, SHOWMAN, SHOWMASTER, SIXTY-SIX, SQUIER, STARCASTER, STRAT, STRATOCASTER, SUNN, SUPER BULLETS, SUPER REVERB, TELE, TELECASTER, THE SPIRIT OF ROCK-N-ROLL, TONE MASTER, TWIN REVERB, VIBRO CHAMP, VIBRO-KING, VIBROLUX, VINTERA and YOSEMITE are trademarks and registered trademarks of Fender that may appear in Fender Songs. Some of the aforementioned trademarks may be registered in one or several categories of goods and services in the U.S. and foreign countries. This is not a comprehensive list of all trademarks of Fender and specifically does not include any common law trademarks of Fender. All other names and marks mentioned in Fender Songs are the trade names, trademarks or service marks of their respective owners.
NOTICE REGARDING USE OF HISTORIC PATENT NUMBERS/MARKINGS: Fender is proud to offer some of the most iconic musical instruments and amplifiers of the past 60 years. Some Fender products are intentional recreations or reissues of vintage guitars and amplifiers, and may therefore incorporate markings or text associated with original patents that have since expired. Specific examples of such models include patent numbers on the tremolo plates and decals of the JAGUAR® and JAZZMASTER® guitars, "Pat Pending" on some vintage TELECASTER® guitar bridge plates, and "Design and Circuits Patented" language on the control panels of certain model amplifiers in Fender Vintage Modified, Vintage Reissue and Custom lines. Such markings are included only for the sake of historical accuracy, and are not intended to denote or imply live patents or ongoing patent protection.
Should any user of Fender Songs send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of Fender Songs, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please write:
Fender Musical Instruments Corporation
1575 N. Gower Street, Suite 170
Los Angeles, CA 90028
Use of Fender Songs
- You must be 17 years of age, or the age of majority in your province, territory or country, to become a member of Fender Songs. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian. The use of any Fender Songs Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Fender or any third party, except as expressly provided herein. Fender Songs may be accessed by users internationally and may contain references or cross references to Fender products, programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Fender reserve the right without prior notice to discontinue products, programs or services or change specifications at any time without incurring any obligations to any party. Access to Fender Songs may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of Fender Songs constitutes consent to such monitoring. Fender Songs may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
- You agree to use Fender Songs in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through Fender Songs without express written permission from Fender and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in Fender Songs service; use any robot, spider, scraper or other automated means to access Fender Songs; decompile, reverse engineer or disassemble any software or other products or processes accessible through Fender Songs; insert any code or product or manipulate the Fender Songs Content in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Fender Songs, including any software viruses or any other computer code, files or programs.
- Explicit Content
- Explicit Content: The intent of Fender Songs is to allow you to hear music as the artist intended it to be heard. This means Fender Songs can sometimes include explicit content, indicated by an “EXPLICIT” tag on any song. Note: Our explicit content tags are applied based on information we receive from rights-holders and streaming service providers. We can’t guarantee all explicit content is marked as such.
- Explicit Content Filter: Depending on the third-party streaming service you use (e.g. Apple Music) you may be able to filter out content labelled as explicit. To learn how to filter or block explicit content, please refer to the third-party streaming service settings.
FENDER SONGS MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF FENDER DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF FENDER. FENDER DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABILITY, OPERATION OR PERFORMANCE OF WEBSITES OF FENDER DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH FENDER SONGS MAY BE LINKED OR FROM WHICH FENDER SONGS MAY BE ACCESSED.
Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on Fender Songs (including recorded interviews) are solely the views of such third party and Fender assumes no responsibility for the accuracy or veracity of any statement made by such third party.
If you choose to register with Fender Songs, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Fender by e-mail to firstname.lastname@example.org. You are solely responsible for your own losses and losses incurred by Fender and others (including other users) due to any unauthorized use of your account.
- Current Membership. Your Fender Songs membership, which may start with a free trial, will continue as follows for each of the below subscription options. You may terminate your membership at any time during this free trial. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Fender Songs service.
- Monthly Subscription - Your Fender Songs membership will continue month-to-month and automatically renew each month unless and until you cancel your membership or we terminate it. Upon expiration of the 7-day trial period, your credit card will be charged the monthly fee of $4.99. Your monthly subscription shall automatically renew for an additional month for $4.99, unless you cancel prior to the end of the current month.
- 12 Month Subscription - Your Fender Songs membership will be for twelve (12) months and will automatically renew for additional twelve (12) month periods unless and until you cancel your membership or we terminate it. Upon expiration of the 7-day trial period, your credit card will be charged the annual $41.99 subscription fee. Your annual subscription shall automatically renew for an additional 12 months for $41.99, unless you cancel prior to the end of your current 12-month term.
- Your Fender Songs membership may start with a free trial. The free trial period will vary depending on the then current promotion and will be specified in the terms of the free trial promotion. You may terminate your membership at any time during this free trial. For combinations with other offers, restrictions may apply. Free trials are intended for new members and, under certain circumstances, former members. Fender hereby reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly or 12-Month membership fees at the end of the free trial period of your membership and your membership will automatically renew monthly or every twelve (12) months unless you cancel prior to the end of the free trial period. Members details can be viewed in the “More” tab of the application to find the cancellation instructions. Your Payment Method will continue to be billed on a monthly basis until you cancel.
- Recurring Billing. By signing up for a Fender Songs membership and providing a Payment Method, you hereby authorize Fender to charge you a monthly, or twelve (12) month membership fee at the then current rate and any other applicable charges relating to your use of the Fender Songs service, including taxes or transaction fees, to your Payment Method. The amount you will be billed each month, or every twelve (12) months may vary accordingly due to promotional offers, changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.
- Membership Fee Changes. Fender reserves the right to adjust membership fee pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Membership fee price changes will take effect following an email notification to you.
- Billing Cycle. The membership fee will be billed at the beginning of the paying portion of your membership and continue each month, or every twelve (12) months thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month, or every twelve (12) months on the calendar day corresponding to the commencement of your paying membership. Fender reserves the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.
- No Refunds. ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion of Fender and shall be provided on a non-precedential basis.
- Payment Methods. Your Payment Method information may be edited by managing your payment preferences with your Apple ID account. You remain responsible for any uncollected amounts as a result of unsettled payments and you hereby authorize Fender to continue billing the Payment Method.
- Cancellation. You may cancel your Fender Songs membership at any time. To cancel, go to the “More” tab in the application and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Fender on Fender Songs, but Fender is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on Fender Songs, the websites of any Fender dealer or distributor or any other website. Information and related materials are subject to change without notice. Fender Songs and all information and related materials it contains are provided "AS IS." Fender does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of Fender Songs or any material, information or data obtained through Fender Songs; (2) the results that may be obtained from the use of Fender Songs or the use of material, information or data obtained from Fender Songs; (3) that use of Fender Songs or any materials on Fender Songs will meet any users requirements; (4) that access to the Fender Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through Fender Songs will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Fender has no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. By using Fender Songs, you assume the risk that the information and materials on Fender Songs may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. FENDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO FENDER SONGS AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.
You acknowledge and agree (1) that your use of Fender Songs and any material, information or data obtained through the use of Fender Songs is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering Fender Songs or its content will be liable to users of Fender Songs for any damage resulting from use of Fender Songs or use of material, information or data downloaded or otherwise obtained from Fender Songs, nor are such parties in any way responsible for the conduct of users of Fender Songs or for information posted or exchanged on Fender Songs.
No advice or information, whether oral or written, obtained by you from Fender or in any manner from Fender Songs creates any warranty.
In no event will Fender or any of its oﬀicers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of Fender Songs or any linked website or to any material, information, data, products, or services obtained through Fender Songs, or otherwise arising out of your use of Fender Songs, your inability to use Fender Songs or any decision made or action taken by you in reliance of any information, advice or materials provided on Fender Songs, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Fender has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Fender. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
If you elect to seek arbitration you must first send to Fender, by certified mail, a written Notice of your claim ("Notice"). The Notice to Fender must be addressed to: General Counsel, Fender Musical Instruments Corporation, 1575 N. Gower Street, Suite 170, Los Angeles, CA 90028 ("Notice Address"). If Fender initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Fender, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Fender and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fender Songs may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Arbitration shall take place in Los Angeles, California.
YOU AND FENDER SONGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
By using the Fender Songs service, you consent to receiving electronic communications from Fender Songs relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Fender Songs service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Fender Songs. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Fender Songs features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply log in to your Fender Connect account and go to the "Communication settings" link on the "Your Account" page of our website (https://www.fender.com/profile/info) to manage your Fender Songs communications. Please review our Privacy Statement for further detail on our marketing communications.
Fender Musical Instruments Corporation
1575 N. Gower Street, Suite 170
Los Angeles, CA 90028
© 2019 Copyright Fender Musical Instruments Corporation.
All rights reserved
Last Updated: 08/01/2019