Terms & Conditions
As of April 26, 2012
These Terms of Use apply to http://www.songtrust.com (the "Site") and constitute a legal agreement between you and ST Music LLC ("us") as to the terms and conditions with which visitors to the Site must comply. If you are also signing up for any Songtrust services, to the extent that there is any inconsistency between these Terms of Use and the Songtrust Terms and Conditions, the Songtrust Terms and Conditions shall apply.
PLEASE READ CAREFULLY, because by visiting the Site, you agree to be bound by these Terms of Use, as well as the terms of our Privacy Policy. Additional terms may also apply to certain activities on the Site (e.g., contests, giveaways, members-only features), all of which are hereby incorporated by reference into these Terms of Use. If you do not agree with or do not wish to be bound by all of these Terms of Use, please navigate away from the Site and don’t post or provide us with any information or otherwise use the Site in any manner. We reserve the right to amend these Terms of Use at any time and will post the amended terms here from time to time, so please check back often and check the date above to see when they were last updated. By continuing to visit or use the Site, you agree to the amended terms.
1. USE AND CONTENT
The Site and all associated content are intended solely for the personal, non-commercial use of our users. All information and materials available via the Site (collectively, "Content") are protected by copyright, trademark and other applicable laws, and are owned or controlled by us or our licensors. You agree to abide by all copyright and other laws and notices, information and restrictions appearing in conjunction with any Content on or accessed through our Site. The Content may not be copied, downloaded or stored and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent or as expressly permitted on the Site itself.
2. THIRD PARTY LINKS, SERVICES AND PRODUCTS
The Site may contain links to other Internet sites, organizations, resources and advertisers, and other sites may link to this Site. Navigating an advertisement or other link will redirect you away from our Site to a third party site or service. Interactions and transactions between you and third parties are strictly between you and such third parties and we are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. Consequently, we do not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of these outside resources. You should direct any concerns regarding other sites to their operators.
3. USER FORUMS AND USER-GENERATED CONTENT
The Site may from time to time contain chat rooms, forums, message boards, and/or similar services to its users that allow users to post comments and content ("User Forums"). You agree not to post, upload or otherwise publish through a User Forum any content that is libelous, defamatory, obscene, profane, sexually explicit, abusive or that violates any law, rule or regulation. Whatever you post in User Forums will be publicly viewable, so please use your best judgment and be respectful of other users. You agree not to use vulgar, abusive, offensive or hateful language. We do not endorse the opinions on User Forums, and reserve the right to suspend or discontinue any or all Forums at any time.
User Forums are for non-commercial use only. You may not, without our express approval, use them to advertise or solicit any goods or services, to solicit funds or information from other users, or any other promotional or commercial purposes. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. We do not and cannot review all content in the User Forums and are not responsible for the content of any of these messages. However, we reserve the right to delete, move or edit messages that we, in our sole discretion, believe violate these Terms of Use or any law, rule or regulation, or are abusive, defamatory, obscene or otherwise unacceptable.
You will own and remain responsible for the content of all submissions to User Forums. However, you grant us a free, perpetual, transferable, universe-wide license to copy, use, disclose, publish and/or distribute anything you post on the Site for any purposes whatsoever and in any and all media now or hereafter known, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied or implied in your submissions for any purpose whatsoever without compensation to you, including, but not limited to, improving the Site or developing and marketing products or services incorporating such ideas, concepts, or techniques.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree that (a) all registration information and other information you submit to us via the Site is and will remain truthful and accurate; (b) that neither your use of the Site nor any information submitted by you or the use thereof by us or our users in accordance with these Terms of Use will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (c) you are at least the applicable age of majority in the jurisdiction where you reside and you and possess the legal authority to agree to these Terms of Use.
You agree to and hereby indemnify, defend and hold us and our officers, directors, shareholders, agents, service providers, affiliates, licensors, users, licensees, agents and representatives (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, court costs and attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you.
5. SYSTEM INTEGRITY
You may not interfere or attempt to interfere with the proper working of the Site or any transaction conducted on Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
6. DISCLAIMER OF WARRANTIES
We don’t represent, warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site. Your use of our Site is at your sole risk. ALL INFORMATION AND MATERIALS PROVIDED VIA THE SITE ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.
7. LIMITATION OF LIABILITY
NEITHER WE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. The foregoing is applicable to the fullest extent permissible under applicable law.
8. COPYRIGHT INFRINGEMENT
We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a 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; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site is:
Copyright Agent
ST MUSIC LLC
485 Broadway,
New York, NY 10013
Email – legal@songtrust.com
9. MISCELLANEOUS
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Site. If any provisions are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. The Site is hosted and operated in the United States and we make no representation that any Content is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions and any and all actions in connection with the Site and/or these Terms of Use shall be brought exclusively in the federal or state courts located in New York, New York, U.S.A.
Songtrust is a service mark of ST Music LLC. All other trademarks and service marks on the Site are the property of their respective owners. Copyright © 2010 ST Music LLC. All rights reserved.