AMERICAN SONGSPACE VISITOR AND MEMBER AGREEMENT
Americansongspace.com is a songwriting and music networking service that allows Members to create distinctive personal and business profiles online in order to discover, locate, collaborate, and communicate with signed and unsigned songwriters. The services offered by Americansongspace.com ("American Songspace" or "we") include the Americansongspace.com website (the "American Songspace Website") and any other features, content, or applications offered from time to time by American Songspace, American Songwriter Magazine, AmericanSongwriter.com, or other joint ventures with American Songwriter LLC in connection with the Americansongspace.com. (collectively, the "American Songspace Services"). The American Songspace Services are hosted in the United States.
American Songspace may periodically modify this Agreement and such modification shall be effective upon posting by Americansongspace.com on the American Songspace Website. You agree to be bound to any changes to this Agreement when you use the American Songspace Services after any such modification is posted. Therefore, you should review this Agreement regularly to ensure you are updated as to any changes.
Your profile may not include lewd, violent, sexual, or obscene photographs or otherwise objectionable subject matter. Content or information provided by other American Songspace Members, however, may contain inaccurate, inappropriate, or offensive material; American Songspace assumes no responsibility or liability for this material. Contact American Songspace at editor@Americansongspace.com if you become aware of misuse of the American Songspace Services by any person.
American Songspace has the right to reject or remove any posting, upload, song, profile (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the American Songspace Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. By using the American Songspace Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the American Songspace Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. If you are under 18 years of age and want to become a member, you may contact American Songspace (editor@Americansongspace.com) directly in writing for discretionary approval. Use of and Membership in the American Songspace Services is void where prohibited.
2. Term. This Agreement shall remain in full force and effect while you use the American Songspace Services or are a Member. You may terminate your Membership at any time. American Songspace may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-14.
3. Fees. You acknowledge that American Songspace reserves the right to charge for the American Songspace Services and to change its fees from time to time in its discretion. If American Songspace terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Members who terminate their Accounts are not entitled to any refund.
4. Unauthorized Use by Users. The American Songspace Website prohibits Users from collecting usernames, email addresses, and/or any other personal information for the purpose of sending spam and/or unsolicited email or for any other commercial endeavor not approved by the American Songspace Services.
5. Proprietary Rights in Content on Americansongspace.com.
(a) American Songspace does not claim ownership rights in the materials you post to the American Songspace Website. Such materials include written text, files, images, photos, video, songs, lyrics, poetry, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to American Songspace. After posting your Content to American Songspace, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the American Songspace Services, you hereby grant to American Songspace a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the American Songspace Services. This limited license is needed to provide the American Songspace Services. The license you grant to American Songspace is non-exclusive, fully-paid and royalty-free (meaning that American Songspace is not required to pay you for the use on the American Songspace Services of the Content that you post), sublicensable (so that American Songspace is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the American Songspace Services), and worldwide (because the Internet and the American Songspace Services are global in reach). This license will terminate at the time you remove your Content from the American Songspace Services.
(b) You represent and warrant that: (i) you own the Content posted by you on or through the American Songspace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the American Songspace Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or business. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through the American Songspace Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell ANY Content appearing on or through the American Songspace Services.
(c) The American Songspace Services contain Content of Americansongspace.com ("Americansongspace.com Content"). Americansongspace.com Content is protected by copyright, trademark, trade secret and other laws, and American Songwriter LLC owns and retains all rights in the Americansongspace.com Content and the American Songspace Services. American Songspace grants you a limited, revocable, nonsublicensable license to reproduce and display the Americansongspace.com Content (excluding any software code) solely for your personal or business use in connection with viewing the American Songspace Website and using the American Songspace Services.
6. Content Posted. American Songspace may delete any Content for any reason at anytime. American Songspace does not monitor content, and we assume no responsibility for monitoring the American Songspace Services for inappropriate Content or conduct. If American Songspace chooses, in its sole discretion, to monitor the American Songspace Services, it nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Content is not necessarily reviewed by American Songspace prior to posting and does not necessarily reflect the opinions or policies of American Songspace. American Songspace makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. American Songspace reserves the right to investigate and take appropriate legal action against anyone who, in American Songspace's sole discretion, violates this provision, including without limitation, removing the offending communication or infringing material from the American Songspace Services and terminating the Membership of such violators. American Songspace reserves the right, in its sole discretion, to report you to law enforcement authorities for suspected criminal activity.
8. Copyright / Intellectual Property Policy. The American Songspace Copyright / Intellectual Property policy is strictly enforced. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior WRITTEN consent of the owner of such proprietary rights. It is the policy of American Songspace to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to American Songspace by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the American Songspace Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the American Songspace Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. American Songspace's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, American Songspace, Inc., 1303 16th Ave South 2nd Floor, Nashville, TN, 37212, or copyright@Americansongspace.com.
10. Disclaimers. The American Songspace Services are provided "AS-IS" and American Songspace expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Americansongspace.com cannot guarantee and does not promise any specific results from use of the American Songspace Services. American Songspace is not responsible for any incorrect or inaccurate Content posted on the American Songspace Website or in connection with the American Songspace Services, whether caused by Users of the American Songspace Services or by any of the equipment or programming associated with or utilized in the American Songspace Services. Some Member profiles contain links to other websites; American Songspace is not responsible for the Content, accuracy or opinions expressed on such websites. Inclusion of any linked website on the American Songspace Services does not imply approval or endorsement of the linked website by American Songspace. When you access these third-party sites, you do so at your own risk. American Songspace takes no responsibility for third party advertisements which are posted on this American Songspace Website or through the American Songspace Services, nor does it take any responsibility for the goods or services provided by its advertisers. American Songspace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. American Songspace is not responsible for any electronic or technical malfunction related to the American Songspace services, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the American Songspace Services. Under no circumstances shall American Songspace be responsible for any loss or damage, including personal injury or death, resulting from use of the American Songspace Services, attendance at a American Songspace Services event, from any Content posted on or through the American Songspace Services, or from the conduct of any Users of the American Songspace Services, whether online or offline.
11. Limitation on Liability. IN NO EVENT SHALL AMERICANSONGSPACE.COM OR ANY AMERICAN SONGSPACE SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AMERICANSONGSPACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMERICANSONGSPACE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AMERICANSONGSPACE.COM FOR THE AMERICAN SONGSPACE SERVICES DURING THE TERM OF MEMBERSHIP.
12. Disputes. If there is any dispute about or involving the American Songspace Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Nashville. If an action is brought to enforce the terms of this Agreement, then the prevailing party in that action shall be entitled to recover its costs and attorneys' fees in that action.
13. Indemnity. You agree to indemnify and hold American Songspace, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the American Songspace Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the American Songspace Website or through the American Songspace Services causes Americansongspace.com to be liable to another.
14. Other. This Agreement is accepted upon your use of the American Songspace Website or any of the American Songspace Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and American Songspace regarding the use of the American Songspace Services. The failure of American Songspace to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. American Songspace is a trademark of American Songwriter LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: editor@Americansongspace.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.