Terms of Use

 Last updated: January 23, 2024

Welcome to https://www.singingignition.com (the “Website”). We, being Singing Ignition and/or its associate businesses and affiliates (altogether the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use or visit the Website, you accept these terms and conditions (“Terms”), so please read them carefully, as this electronic document is considered to be a legally binding and enforceable contract between you the Company.

These Terms are divided into THREE (3) sections, being:

1. General Terms for all Users;

2. Terms for Subscribers; and

3. Code of Conduct.

“Users” include everyone who simply visits the Website and views content (including our store) or otherwise use the services offered by the Website, whether for free or on a paid basis. Users who subscribe to our services and create an Account in order to use such services are referred to as “Subscribers”.

All Users are subject to the General Terms set forth in this Section 1 and our privacy policy (the “Privacy Policy”), a link to which can be found at the bottom of the Website homepage. 

Further, by using the Website, all Users agree to conform to the Code of Conduct set forth in Section 3.

Electronic Communications

When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Copyright

All content included on this Website, such as video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this Website is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this Website is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

Trademarks

“SINGING IGNITION” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. 

License and Website Access

The Company grants you a limited license to access and make personal use of this Website but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this Website or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this Website or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission. 

Minors

If you are under the age of majority in the jurisdiction of your residence (“Minor”), or in other words, if you are a minor where you live, in addition to any other acknowledgments, representations, warranties and/or covenants made herein, by using this Website and/or any of the services offered in connection with the Website, including the submission of any information to the Company, you acknowledge and agree that your parents and/or legal guardians have consented to your use and submission and to these Terms on your behalf, and you acknowledge and agree that your submission of any information to the Company and your use of the Website and any related services is at their discretion. 

Your Account

If you use this Website and register for an account (“Account”), you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. If you are under the age of majority in your jurisdiction of residence, you may use the Website only with involvement of a parent or legal guardian. The Company reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in their sole discretion.

You must provide current, complete, and accurate information for your Account. You must promptly update all information to keep your Account current, complete, and accurate. Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information, you agree that you are responsible any ensuing liabilities. Your submission of personal information through the Website is also governed by our Privacy Policy.

Reviews, Comments, Communications, and Other Content

In some cases Users may be permitted to submit information and other content. Users may only do so as long as the information or other content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.

If you submit comments, communications or other content (in the form of a video or otherwise), you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. However, with respect to any videos that you submit or participate in that include images of you or audio of your voice other than group webinars, the Company will not publish such videos publicly. For clarity, the Company may use any webinar videos that you participate for educational purposes, including providing access to such webinar videos to other students/clients of the Company. You grant the Company and sub-licensees the right to use your name and likeness that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate our policies and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party. 

Copyright and Other Legal Rights Complaints

The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of rights violations is: [email protected]. We will process your complaint pursuant to the Copyright Act of Canada.

Other Businesses

Our Website is powered by Kajabi and we may also provide links to sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

Payments

All subscription fees, store purchases and other payments to the Company are processed through Stripe or another similar payment service (the “Payment Service”). As a User, if you make payments to the Company using a Payment Service or otherwise, you do so at your own risk and you expressly agree that the Company shall not be liable for any losses you may incur using such Payment Service. Any such losses shall be the responsibility of the Payment Service. All Users’ and Subscribers’ use of the Payment Service is subject to the Payment Service’s terms and conditions. Further, the Company has a strict no refund policy. 

Coupons/Discount Offers

We may offer you coupons or discounts from time to time. Be advised that all coupons and discounts will permanently expire upon the expiry date stated in the coupon or discount offer. We do not permit coupons or discounts to be applied retroactively. In other words, if you have already paid the monthly subscription fee for a given month, you may not apply any coupon or discount to that month. Further, once activated, a coupon or discount offer may not be applied to any period of time other than the month in which it was first activated. If you activate a coupon or discount offer but you do not use the Website in the following month, such coupon or discount offer will permanently expire at the end of the month in which the coupon or discount offer was first activated regardless of your use of the Website (or lack thereof).

Disclaimer of Warranties and Limitation of Liability 

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THE ACCURACY OF ANY INFORMATION POSTED ON THE WEBSITE BY ANY INDIVIDUALS,OR THE QUALITY OF SERVICES OFFERED BY THE COMPANY, UNLESS OTHERWISE SPECIFIED IN WRITING. 

Indemnification

You agree to indemnify, defend and hold harmless the Company and any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, Privacy Policy or any documents they incorporate by reference, or your violation of any law or the rights of a third party.

Applicable Law 

By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company.

Dispute Resolution

All disputes or questions of any sort that might arise between you and the Company will be referred to arbitration before a single arbitrator, administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules. The place of arbitration shall be the City of Vancouver, Province of British Columbia.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or the Company. You may terminate these Terms at anytime by notifying us that you no longer wish to use our services, or when you cease using our Website.

Website Policies, Modification, and Severability

Please review any other policies that may be posted on the Website from time-to-time. We reserve the right to make changes to the Website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

This section applies to all Subscribers and their Accounts.

Subscription Tiers

The Company offers three subscription “tiers”: regular monthly, premium monthly, and premium annual. Premium subscriptions include access to the Company’s video feedback service. The video feedback service allows you to film yourself singing a short excerpt of a song or one of your exercises through the Company’s online recording portal CameraTag, submit it to the Company, and receive a short video (of up to FIVE (5) minutes in length) giving you feedback and pointers for improvement. Premium subscriptions include up to TWO (2) feedback videos per month, plus an additional feedback video every time you submit an assessment at the completion of each module. Premium annual subscriptions (but not premium monthly subscriptions) may occasionally include a free voice lesson of approximately 30 minutes in length during special offers and seasonal sales. Premium annual Subscribers will only be entitled to the free voice lesson, if offered, after expiry of the 15 day period described in the “Money-Back Guarantee” section below.

If you choose to switch to a different subscription tier, your previous subscription will be cancelled immediately upon your new subscription beginning, and you will immediately lose access to any subscription features which were specific to your previous subscription tier. Upon switching to your new subscription tier, you will not be entitled to a prorated refund for any days remaining on your previous subscription period following the date of the cancellation of your previous subscription period.

Subscription Fees

If you subscribe to a given subscription tier, you agree to pay the associated subscription fee advertised on the Website (the “Subscription Fee”). The first of the Subscription Fee payments will be automatically charged to you on the date of your subscription. If you subscribed for a regular monthly or premium monthly subscription, every month on the date of expiry of your subscription, the Subscription Fee will be automatically charged to you and your subscription will be automatically renewed for ONE (1) month unless you cancel your subscription pursuant to the “Cancellation and Termination” terms below. If you subscribed for a premium annual subscription, every year on the date of expiry of your subscription, the Subscription Fee will be automatically charged to you and your subscription will be automatically renewed for ONE (1) year unless you cancel your subscription pursuant to the “Cancellation and Termination” terms below.

Money-Back Guarantee

Notwithstanding the Company’s strict no refund policy, the Company offers Subscribers a 15 day money-back guarantee for all subscription tiers. Accordingly, if you cancel your subscription pursuant to the “Cancellation and Termination” terms below within FIFTEEN (15) days after the date and time of the commencement of your subscription, you will receive a full refund of any and all Subscription Fees paid in connection with such subscription. For the avoidance of doubt, the 15 day money-back guarantee period will expire precisely FIFTEEN (15) days (calculated in minutes) after the date and time which the subscription occurred (Pacific Time Zone). In addition, notwithstanding the “Cancellation and Termination” terms below, if you cancel your subscription within the 15 day money-back guarantee period, you will immediately lose access to all Website content associated with your Account.

Cancellation and Termination

You may cancel your subscription at any time by sending a cancelation request to the following email address: [email protected]. This is your sole right if you are dissatisfied with the Website in any way. To ensure prompt and effective cancellation, please provide your username, full legal name, and email address associated with your Account. NO REFUNDS OR CREDITS WILL BE OFFERED TO SUBSCRIBERS WHO CANCEL THEIR SUBSCRIPTION OUTSIDE OF THE 15 DAY MONEY-BACK GUARANTEE PERIOD. Upon cancelling your subscription, you will retain access to your Account, including all Website content associated with your Account, until expiry of your then-current subscription period, and after such expiry: (a) you will lose access to all Website content associated with your Account; (b) your Account will cease automatically renewing; and (c) you will not be subsequently automatically charged the Subscription Fee unless you subscribe again in the future. You may not pause your Account. 

Furthermore, the Company reserves the right to terminate any subscriptions or Accounts arbitrarily including, but not limited to, for practices deemed by the Company, in its sole discretion, as being in bad-faith. We also hold that we have the right to deny service for Accounts and users, deemed as fraudulent or otherwise high-risk Accounts. We also report at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.

Finally, no refunds will be offered on the purchase of coupons or private coaching sessions offered by the Company. All coupons and private coaching session purchased by Subscribers will expire SIX (6) months from the date of the purchase of such coupon or private coaching session unless an expiry date is specified by the Company at the time of such purchase. 

Your Account and Use of the Website

Upon registering as a Subscriber, you will be given a username and the choice of a password. You may not use a username of another person, a name in violation of a third party’s property rights, or a username that the Company deems offensive or otherwise inappropriate. The Company owns all usernames and licenses them to you. We reserve the right to delete or alter any username at any time.

You are entirely liable for all activities conducted through your Account or otherwise. A Subscriber may not permit another individual to use the Subscriber’s Account.

Subscribers who have had their Account terminated may not access the Website without the Company’s prior express written permission. Subscribers may not allow a former Subscriber whose Account has been terminated to use their Account. For additional information on re-registration you can send an email to [email protected]. 

Representations and Warranties

You agree to provide the Company with accurate, complete, and current Account information. Failure to do this shall constitute a breach of these Terms and may result in immediate termination of your Account and subject you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you may not register for additional Accounts after such termination.

All Users, including but not limited to Subscribers, hereby agree NOT to use the Website for any of the following: 

1. Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile; 
2. If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
3. Use meta tags or code or other devices containing any reference to the Company or the Website (or any trademark, trade name, service mark, logo or slogan of the Company or the Website) to direct any person to any other website for any purpose; 
4. Soliciting passwords or personal identifying information for commercial or unlawful purposes from other Users; 
5. Transmitting any chain letters or junk email; 
6. Using the Website or Service for activities that violate any law, statute, ordinance, or regulations; 
7. Make or promote any type of racism or hate towards anyone in specific or a group of people;
8. Use the Website for any fraudulent purposes;
9. Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as "inside information", or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement);
10. Upload, post, email, or otherwise transmit, or post links to any content that facilitates computer hacking;
11. Upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement, including making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content;

You further agree that you will not harass, annoy, intimidate, or threaten any of the Company’s employees, affiliates or agents.