These terms are an agreement between you and Walk Up Song App (“we”, “us”) for the Walk Up Song App mobile app, the service behind it, and this website (together, “Walk Up Song App”). Please read section 5 on music rights in particular: it explains what you are responsible for when you play music in public.
1. Agreeing to these terms
By installing or using Walk Up Song App you agree to these terms and to our Privacy Policy. If you use it for a team, league or organization, you confirm you may accept these terms for them. If you don’t agree, don’t use Walk Up Song App.
2. The service
Walk Up Song App lets you build team lineups, set walk-up clips from audio files you upload or from Apple Music on iPhone, announce batters, and play the clips at games. We may add, change or remove features, and change the free plan’s limits, over time. We don’t promise the service will be available without interruption, and you should keep your own copies of the songs you upload.
3. Accounts
- You can start with a guest account tied to your device. A guest account can be lost if you delete the app or change phones before adding an email.
- You must be at least 13, and old enough to agree to these terms where you live (or have a parent or guardian agree for you). Walk Up Song App is meant for coaches and organizers, not children.
- Keep your sign-in details secure. You are responsible for what happens under your account, including by coaches you invite to your teams.
- You can delete your account at any time in the app: Settings → Delete account.
4. Your content
“Your content” means everything you or your team members put into Walk Up Song App: team and player details, photos, audio files, voice recordings, and clip settings. You keep ownership of your content.
You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transcode, cut and normalize your content, and deliver it to you and the members of your teams, only as needed to run Walk Up Song App for you. This licence ends when you delete the content or your account, except for copies in backups that expire on their normal schedule.
You are responsible for your content and confirm you have the right to give us this licence. If you add players’ names, photos or recorded voices, you confirm you have any permission your league or the law requires, including from a parent or guardian for minors.
5. Music rights and performance licences
Walk Up Song App does not supply music or music licences. It plays audio that you provide, or songs from your own Apple Music subscription.
- Uploads. When you upload an audio file, you confirm you own it or have the right to use it this way, including copying it to our service, cutting a clip from it, and playing it at games. Don’t upload audio you don’t have the rights to.
- Public performance. Playing recorded music at a game, practice or other public event can require a public-performance licence, separate from owning the song or subscribing to a music service. In Canada this is usually licensed through SOCAN (for the songwriters and publishers) and Re:Sound (for the performers and record labels). In the United States it is usually licensed through ASCAP, BMI and SESAC (and sometimes GMR). Other countries have their own organizations.
- That licence is your responsibility, or your league’s, team’s or venue’s. Many leagues and venues already hold one; check with them. We are not responsible for obtaining or paying for performance licences, and nothing in Walk Up Song App grants one.
- Explicit content. You choose what plays. Clips can be marked explicit, but it is up to you to pick music suitable for your audience and league.
6. Acceptable use
Don’t use Walk Up Song App to:
- upload or share content that infringes anyone’s copyright or other rights;
- upload anything unlawful, hateful, harassing, or sexual content involving minors;
- distribute music to people outside your teams, or use the service as music storage or a streaming service;
- break, probe or overload the service, get around plan limits or security, or access other people’s teams;
- copy, resell or reverse-engineer the app, except where the law allows it.
We may remove content or suspend accounts that break these rules, and we will tell you when we do unless the law or safety prevents it.
7. Pro subscriptions
- Pro is sold through the Apple App Store or Google Play, at the price shown in the app before you buy. Payment, renewal, cancellation and refunds are handled by Apple or Google under their terms.
- A subscription renews automatically unless you cancel it at least 24 hours before the end of the current period, in your App Store or Google Play account settings. Deleting the app or your account does not cancel it.
- If we change Pro’s price, the store will tell you before the new price applies to a renewal, as its rules require.
- Apple Music playback is never part of what you pay us for.
- Nothing in these terms limits your rights under consumer protection laws that apply to you.
8. Copyright and takedown requests
Content in Walk Up Song App is private to each team, but if you believe something stored on our service infringes your copyright, email support@walkupsongapp.com with “Takedown request” in the subject and include:
- your name and contact details, and who you represent;
- the work you believe is infringed;
- enough detail for us to find the material (for example a clip address);
- a statement that you believe in good faith the use is not authorized; and
- a statement that your notice is accurate and that you are the owner or authorized to act for them.
We will review the request, remove or disable access to material where appropriate, and forward notices to the user as required by law (including Canada’s notice-and-notice rules). We close the accounts of repeat infringers.
9. Apple Music and other services
Apple Music, the App Store and Google Play are provided by Apple and Google under their own terms, which also apply when you use them through Walk Up Song App. An Apple Music subscription is licensed for personal use; playing it at a public event is subject to Apple’s terms and to section 5 above. We aren’t responsible for third-party services, their availability or their catalogs.
If you downloaded the app from the App Store, you also agree that Apple is not responsible for the app or its support, that Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them, and that these terms take precedence over Apple’s standard licensed application end user licence agreement only where the two conflict and to the extent Apple allows.
10. Disclaimers
Walk Up Song App is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose, and we don’t promise the app will be error-free or that a clip will play at a particular moment. Run the ready check before each game.
11. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill. Our total liability for any claim about Walk Up Song App is limited to the greater of the amount you paid for Pro in the 12 months before the claim, or CA$50. Some places don’t allow these limits, so they may not apply to you.
12. Indemnification
You agree to defend, indemnify and hold harmless Walk Up Song App and its people from claims, losses and costs (including reasonable legal fees) arising from your content, your use of Walk Up Song App, your breach of these terms, or your playing music in public without the licences it needs.
13. Ending these terms
You can stop using Walk Up Song App and delete your account at any time. We can suspend or end your access if you seriously or repeatedly break these terms, or if we stop offering the service; if we shut the service down, we will give reasonable notice where we can so you can keep copies of your content. Sections 4 (for content already processed), 5, 10, 11, 12 and 14 survive.
14. Governing law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. If you are a consumer, you keep any protections of the laws where you live that cannot be waived.
15. Changes
We may update these terms. We will change the date at the top, and for material changes we will tell you in the app before they apply. Continuing to use Walk Up Song App after that means you accept the new terms.
16. Contact
Walk Up Song App, support@walkupsongapp.com.