Terms & Conditions

1. Your Acceptance

Music Surprise (“Music Surprise”) provides service to you subject to the following Terms of Use, which we may update occasionally without notice to you. These Terms of Use constitute a binding agreement between Music Surprise and you governing your website use. By using and visiting www.musicsurprise.com or any other websites and social media profiles owned or controlled by Music Surprise (collectively as the “Website”), you signify your assent to both these Terms of Use and the Music Surprise Privacy Policy, which is expressly incorporated into these Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and these Terms of Use. Please read these Terms of Use carefully. If you disagree with these Terms of Use, please do not use the Website.

2. Website Access

Music Surprise hereby permits you to use the Website as outlined in these Terms of Use, provided that: (i) your use of the Website is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Music Surprise’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

By accessing the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using Music Surprise and the Website. You agree to provide true, accurate, current, and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. Suppose Music Surprise suspects that your registration information is not complete, current, or accurate or that you have violated these Terms of Use. In that case, your account may be suspended or terminated, and you may be barred from using the Website.

You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Music Surprise servers in a given period than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the preceding, Music Surprise grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Music Surprise reserves the right to revoke these exceptions, generally or in specific cases, at its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”), including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. The Website

These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Music Surprise. Music Surprise has no control over and assumes no responsibility for any third-party websites’ content, privacy policies, or practices. By using the Website, you specifically release Music Surprise from any liability arising from your use of any third-party website.

4. Payment Terms (Fees, Klarna, Gift Cards, Referral Program)

Fees: The fee for a Music Surprise product or other offering is specified on the page on our Website where you purchase the applicable Music Surprise product. You agree to pay all amounts due in accordance with the payment terms in effect when you purchase a Music Surprise product, including any applicable service, transaction, or processing fees.

Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Music Surprise may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.

Payment: You may purchase a Music Surprise product by using a valid payment card with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Your use of your payment card is governed by your agreement with and the privacy policy of the applicable payment card, not these terms.

Refunds and Revisions: You may receive a refund on Music Surprise products in certain circumstances at Music Surprise’s sole and absolute discretion. If applicable, revisions may be made to Music Surprise products solely in accordance with https://musicsurprise.com/song-revisions.

5. Intellectual Property Rights

The content created by Music Surprise, including, without limitation, the text, graphics, and photos created by and for the Website, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Music Surprise, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Music Surprise or as expressly provided herein. Music Surprise reserves all rights not expressly granted in and to the Website and the Content contained therein.

A website user who receives a custom musical recording comprised of a master audio recording and the original composition contained therein (collectively as the “Master”) shall be given the limited license to use the Master solely for personal use. A user shall have no right to copy, sell, lease, publicly perform, license, or otherwise grant rights in and to the Master. No ownership or rights of any sort in and to the Master shall be transferred, assigned, or sold to the user through the purchase of the Master via the Website.

Music Surprise delivers the final recording as a digital file only. We do not deliver production tracks or recording materials. Music Surprise may, in its sole discretion, grant a user additional rights to share the Master solely through mechanisms (e.g., embedding) provided on the Website or uploading the Master for distribution on certain streaming services. Any such grant of additional rights shall not alter or waive the rights expressed hereunder and shall be provided solely as a means for a user to enjoy and listen to the Master.

6. User Submissions

The interactive nature of postings on Music Surprise makes it impossible for Music Surprise to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Music Surprise users and any text, data, photographs, video, music, sound, chat, messages, files, or other material provided to us by users are not endorsed by Music Surprise. We do not guarantee the reliability, accuracy, or quality of any user-submitted content posted on the Website. You acknowledge that you will evaluate and bear any risks related to using any user-submitted content, including any reliance on the accuracy, completeness, or usefulness. All user-submitted content posted to the Website is the sole responsibility of the person who originally posted the content, and your sole recourse for any damage you may suffer as a result of user-submitted content shall be to such individual.

You shall be solely responsible for your user-submitted content and the consequences of posting or publishing it. You retain all of your ownership rights in your user-submitted content.

Suppose you choose to post user-submitted content on the Website. In that case, we require that you adhere to generally accepted rules of etiquette and standards of behaviour and that your use of the Website reflects your respect for the legal rights of users connected with Music Surprise. You understand that Music Surprise does not guarantee any confidentiality concerning any User-Submitted Content.

Music Surprise expressly disclaims any liability in connection with user-submitted content. Music Surprise reserves the right to remove content at its sole discretion and without prior notice. Music Surprise also reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.

7. Rules of Conduct

The following rules of conduct apply to your use of the Website and to any materials you post on the Website, including text, data, graphics, audio or video content, music, sound, chat, messages, files, or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.

You may not, in connection with the Website:

Upload, post, email or otherwise transmit any User Submission that is libellous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized;
Infringes or violates any patent, copyright, trademark, trade secret, or other property right; breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically, or otherwise objectionable or offensive in any way;
Constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
Violates or encourages others to violate any applicable law, statute, ordinance, or regulation;
Promotes software or services that deliver unsolicited e-mail or contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful programming routines.

You may not, except with Music Surprise’s express advance authorization or in a specially designated area, use the Website to:

Harm minors in any way; solicit personal information from anyone under 18;
Provide false or deceptive information; delete, add, or otherwise change other people’s entries or other content when you have not been granted the privileges to do so; or
Allow usage by others in such a way as to violate Music Surprise’s Terms of Use.

8. Copyright Infringement

Music Surprise respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Music Surprise and the Website, you may not post, modify, distribute, or reproduce in any way any user-submitted content that is copyrighted material belonging to others without obtaining their prior written consent. Music Surprise reserves the right, at its discretion, to remove any user-submitted content if we believe it may infringe on the copyright rights of others and to terminate the accounts of users we believe to be infringers.

Suppose you believe your work has been copied or posted on the Website in a way that constitutes copyright infringement. In that case, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the content of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
MusicSurprise.com
Email: [email protected]

Please also note that under Section 512(f), any person who knowingly misrepresents that material or activity is infringing may be liable.

9. Modifications to the Website

Music Surprise reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Music Surprise shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

10. Termination

Music Surprise may, under certain circumstances and without prior notice, immediately terminate your Music Surprise account and access to the Website and any other Music Surprise service. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and (h) nonpayment of any fees owed by you in connection with the Website or any other Music Surprise product. Termination of your Music Surprise account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files, and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Music Surprise’s sole discretion and that Music Surprise shall not be liable to you or any third party for any termination of your account, associated email address, or access to the Website.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MUSIC SURPRISE AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MUSIC SURPRISE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MUSIC SURPRISE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MUSIC SURPRISE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND MUSIC SURPRISE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSIC SURPRISE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL MUSIC SURPRISE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MUSIC SURPRISE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MUSIC SURPRISE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE PRECEDING RESTS ENTIRELY WITH YOU.

Music Surprise controls and offers the Website from its facilities in the United States of America. Music Surprise makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so voluntarily and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify, and hold harmless Music Surprise and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Music Surprise from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your website use.

14. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

15. Assignment

These Terms of Use and any rights and licenses granted hereunder may not be assigned, transferred, delegated, and sublicensed by you. Still, they may be assigned, transferred, delegated, and sublicensed by Music Surprise without restriction.

16. Copyright Notice

The Website is © 2024 Music Surprise. All Rights Reserved, and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Music Surprise.

17. Trademarks

All of the Music Surprise trademarks are owned by Music Surprise and may not be used for any purpose without Music Surprise’s prior written permission.

18. General

Suppose any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Music Surprise’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Music Surprise reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Following any amendment of these Terms of Use, your use of the Website will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising from or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

19. Texting Terms and Conditions

By providing your mobile number and selecting “I CONSENT”, you consent to receive mobile text alerts regarding exclusive offers and promotions from Music Surprise. You may receive recurring Music Surprise promotional text messages and reminder messages (including shopping cart reminders).

You understand that you do not have to sign up for this program to make any purchases, and your consent above is not a condition of purchase.

By signing up, you are confirming you are over 13.

You understand that we will send mobile text messages using automated technology.

Standard message and data rates may apply. Send STOP to cancel and HELP for help. For more information, contact us at [email protected].

Music Surprise is committed to protecting your privacy; please see its privacy policy for more information about how we use your number.

20. Violations of These Terms of Use

Please report any Terms of Use violations, including objectionable user-submitted content or behaviour, to [email protected]. Please state the reasons for your concern and provide a link to the User Submission, Content or, if appropriate, the behaviour in question. Upon receiving such a report of a possible violation, in its sole discretion, Music Surprise may investigate the matter and take such action as it determines to be appropriate.