Terms and Conditions of Use
Effective March, 2004
By accessing the SONGWRITER101 Web site (the “Site”), you agree that you will be bound by the terms and conditions set forth herein (the “Agreement”). We reserve the right to change the terms and conditions of this Agreement, from time to time. By using the Site after we make such changes, you agree to be bound by the new terms and conditions. We will also from time to time, change the content of the Site. Some of the pages of the Site may contain their own terms and conditions that may by their terms supersede the terms and conditions of this Agreement.
The Site has been published since March, 2004 and is continuously updated. Unless otherwise noted, Broadcast Music, Inc. (“BMI”) owns the copyright in the content on the Site. Core sponsors / contributors retain ownership in their respective contributions, but BMI owns the copyright in the compilation of the content.
Except as specifically permitted herein, you may not reproduce any portion of the Materials (as defined below) posted on this Site without prior written permission from BMI or the copyright owner. This prohibition includes, but is not limited to editorial and pictorial content.
All pages on this Site, including the SONGWRITER 101 logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, “Marks”) of BMI or third parties. You may not use the Marks without BMI’s prior written consent, or the consent of the third parties that may own the Marks.
General Use Parameters and Restrictions
All materials contained in the Site (the “Material” or “Materials”), which include, among other things, images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, services and written and other materials that are part of this Site, are the copyrighted or trademarked property of BMI or third parties. All trademarks, service marks, and trade names are proprietary to BMI or third parties.
You may not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way without BMI’s prior express written permission or the express written permission of the third party that owns such Materials. You may not “mirror” any Material contained on this Site on any other server. You may not use any of the Materials on any other web site or networked computer environment for any purpose.
Nothing on this Site shall be construed as conferring any license under any of BMI’s or any third party’s intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses.
You may display, copy, distribute or download the Materials on this Site provided that ALL of the following conditions are met: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the Use of such Materials is solely for personal, noncommercial and informational Use and will not be copied or posted on the Internet, or any other network computer or broadcast in any media, and (3) no modifications of any of the Materials are made.
NOTWITHSTANDING THE ABOVE, YOU ARE EXPRESSLY PROHIBITED FROM DOWNLOADING ANY DATABASES MADE AVAILABLE ON THIS SITE AS INFORMATION RESOURCES.
If you breach any of this Site’s terms or conditions, this Agreement will be terminated immediately. Upon termination, you agree that you will immediately destroy any downloaded and printed Materials.
You are prohibited from copying or imitating, in whole or in part, the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights.
Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, or other laws. Such violations may result in severe civil and criminal penalties against you. We will prosecute violators to the maximum extent possible.
Use of Software
This Site may contain software and documentation or other Materials available for download. All such software and related Materials are the copyrighted works of BMI and/or third parties. If you use the software, you agree to be bound by the terms of the license agreement accompanying the software. You are prohibited, and you agree that you will not download or use any software unless you agree to abide by the terms of the license agreement.
If you choose to submit comments to the Site, you give us the right to publish such comments on the web site and in other materials promoting the web site. We are under no obligation, however, either express or implied, to publish your submissions, and reserve the right to exclude all or any portion of your submissions that we, in our sole discretion, deem to be inappropriate for the Site. You agree not to submit to the Site any content which (a) is libelous, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates or infringes any person’s legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents; (c) violates any law; (d) advocates any unlawful activity; or (e) solicits funds for or otherwise advocates any organization, goods or services.
You are solely responsible for any content you submit, and you agree that we have no responsibility for any such content, including its legality, originality, reliability and/or appropriateness. By submitting your content, you agree to be bound by these terms.
We make no representations or warranties of any kind, whether express or implied, regarding this Site or its contents. We expressly disclaim any such representations and warranties, including, but not limited to those relating to merchantability and fitness for a particular purpose. Moreover, we do not represent or warrant that any Materials which you may access at or through the Site are current, accurate or complete. The Site and all of its contents are provided on an “as is” basis only. We may change information relating to pricing and availability without notice. You agree that you will use the Site and any Materials available at or through the Site solely at your own risk. You also agree that you are solely responsible for all costs associated with any servicing or repairs of any equipment you use, including your computer, as part of your use of the Site and that we will not in any way be liable to you for damages of any kind which relate to your use of the Site. You also agree to waive any and all claims of any kind or nature against us, our officers, employees, affiliates or licensees, with respect to your use of this Site or any of the information or Materials available at the Site.
We have not authenticated in any way any Materials which have been supplied by third parties. We do not furnish, sell, license or lease any Materials except those specifically identified as being provided by us.
We may be required to report to and cooperate fully with law enforcement authorities or comply with court orders which request or direct us to disclose the identity of anyone who submits Materials which may be threatening or libelous or which violates any law.
Our Site may be accessed from other countries around the world and may contain references to licenses, services, programs or products which are not available in your country. This Site is created and marketed specifically for songwriters in the United States. References to services, programs or products do not indicate that we intend to offer or implement any of them in your country.
Limitation of Liability & Indemnity
Neither we, nor our officers, directors, employees, affiliates or any of our other representatives, will not be liable for damages arising out of or in connection with your use of or the inability to use this Site. This is an all-encompassing limitation of our liability that applies to all damages of any kind, including but not limited to, damages that are compensatory, direct, indirect or consequential, loss of profit, income or data, damage to property and claims by any other persons or entities. You agree to defend, indemnify and hold harmless, us and our officers, directors, employees, agents, distributors and its affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from or related to your use of the Site or your breach of any of the agreements, representations or warranties you have made to or with us.
Links to Third-Party Sites
Our Site contains links to other Web sites which are not under our control. We make no representations of any kind regarding the content of such sites and you agree to irrevocably waive any claim against us with respect to such sites. You agree that anytime you access a different web site through the Site, you do so at your own risk. We are not responsible for the accuracy or reliability of any information or Materials contained on other web sites that you may access through our Site. We allow links to other web sites merely as a convenience to you. Any comments regarding any of these other web sites, including the Materials and resources contained on them, should be directed to the entity whose web site contains these Materials or resources. However, we would like to be copied on any complaint addressed to any of these other web sites. The presence of a link between any web site and this Site does not constitute a waiver of any right BMI may have to license such site for the non-dramatic public performance of musical works in BMI’s repertoire.
BMI’s Policy Regarding Linking to This Site
We welcome other sites linking to our Site, so long as the following guidelines are followed. Developers should link to our home page (http://www.songwriter101.com or http://songwriter101.com) rather than linking to internal pages. Our pages are constantly changing, with content being added and removed on a daily basis. By linking to our homepage, you ensure that your site avoids containing broken links in the future. You may not use the SONGWRITER 101 logo or any other graphics or text to imply an endorsement or support by us without written permission. To inquire further, contact:
c/o BMI Webmaster
Broadcast Music, Inc.
320 W. 57th Street
New York, NY 10019
The appearance of or reference to any information, Materials or other content on, or linked to, from this Site does not constitute an endorsement, express or implied of any products or services provided by entities other than us.
Local Laws and Export Controls
The Site is controlled by BMI from its offices in New York City. We make no representation that these Materials are appropriate or available for use in any particular location. If you use this Site from other locations, you are responsible for compliance with applicable local laws.
You acknowledge and agree that all Materials herein are subject to the US Export Administration Laws and Regulations. Diversion of such Materials contrary to US law is prohibited. None of the Materials may be downloaded, transferred or otherwise exported or re-exported directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the US Government. Proscribed countries are set forth in the US Export Administration Regulations. Countries subject to US embargo are: Cuba, Iran, Iraq, Libya, Rwanda, Angola, Yugoslavia, Liberia and Somalia. This list is subject to change without further notice. You certify that you are not on the US Department of Commerce’s Denied Persons List or affiliated lists or on the US Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all US export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. By downloading or using Materials, including software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law and Jurisdiction
This Site is controlled by BMI from its offices within the County, City and State of New York, United States of America. By accessing this Site, you and BMI agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and BMI also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commercial Part of the Supreme Court of New York County and the United States District Court for the Southern District of New York with respect to such matters.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time. Your access to this Site may be terminated immediately, without notice from us, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BMI, you agree that you will cease use of the Site immediately and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.