As of February 8, 2018
This site is operated by ForASong Media, LLC. “Operator” shall include ForASong Media, LLC and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives (collectively, “Operator”).
Subscription and/or purchase of the American Songwriter print magazine, access and use of this website (the “AmericanSongwriter.com Website”), and any subscription offered by Operator, including the subscription to the AmericanSongwriter.com (whether paid or unpaid) is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
These terms may be modified from time to time without notice to you and posted to this website. You are responsible for checking these terms periodically for changes.
Your subscription and/or continued use of the AmericanSongwriter.com website constitutes your acceptance of the terms and conditions (the “Agreement”).
1. Use of Material on the AmericanSongwriter.com Website: The information, artwork, text, video, audio, or photographs contained on the Americansongwriter.com website are protected by copyright law. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without Operator’s express written consent, or express written consent of the copyright owner. Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display or distribute any Materials on the Americansongwriter.com Website (collectively, “Materials”).
2. Change of Materials: The Materials included on the AmericanSongwriter.com website have been compiled from a variety of sources, and are subject to change without notice.
3. Media Files: All media files on the AmericanSongwriter.com Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the AmericanSongwriter.com Website without obtaining the express written consent of the Operator or the copyright owner.
4. Sites linked from the AmericanSongwriter.com Website: The sites linked from the AmericanSongwriter.com website are not under Operator’s control, and Operator does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the AmericanSongwriter.com website are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Operator shall not be responsible or liable for any part of any such interactions.
5. Framing of Linking to the Americansongwriter.com Website: You may not link to or frame the AmericanSongwriter.com website without obtaining the express written consent of Operator.
6. Public Forums: “Forums” mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the AmericanSongwriter.com website. All information, advice, files, links, communications or other materials posted by you (“User-Supplied Materials”) to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Materials which infringe a third party’s rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the AmericanSongwriter.com website for lawful purposes only. The Forums shall be used only in a noncommercial manner. You shall not, without Operator’s express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.
7. User-Supplied Material on Forum: By submitting User-Supplied Materials to any Forum or directly to the Operator, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Operator a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.
8. Removal of User-Supplied Materials: Operator shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the AmericanSongwriter.com website deemed harmful or offensive in Operator’s sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which Operator may institute from time to time. Operator shall have no liability for the failure to receive or to remove any such materials.
9. Operator Not Responsible for Forum: Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Operator. Operator makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the AmericanSongwriter.com website. It is your responsibility to evaluate or seek the advice of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the AmericanSongwriter.com website.
10. Indemnity: You agree to indemnify and hold Operator harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the AmericanSongwriter.com website, your use of the Americansongwriter.com Website, your internet connection to the AmericanSongwriter.com website, your violation of these terms and conditions, or your violation of any law, regulation or third-party right.
11. Disclaimers: The services, products, Materials, information, advise, or other data (collectively, “Information”) made available at the AmericanSongwriter.com website and print version of American Songwriter magazine are provided “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. Operator expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Operator shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the AmericanSongwriter.com website. Operator shall have no liability for: (a) Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the information; (b) Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or (c) Any decision made or action take or not taken in reliance upon the Information furnished hereunder. Operator makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Operator makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.
12. Limitation of Liability: In no event shall Operator be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the AmericanSongwriter.com website and/or the information or any part thereof, or from the use of the Internet generally, even if Operator has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law.
13. Copyright and Trademark Notice: Copyright ForASong Media, LLC and/or its licensors, all rights reserved. American Songwriter is the registered trademark of ForASong Media, LLC.
14. Copyright / Intellectual Property Policy. The AmericanSongwriter.com website 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. Without limiting the foregoing, if you believe that your work has been copied and posted on AmericanSongwriter.com website 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 AmericanSongwriter.com website; (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. AmericanSongwriter.com website Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Americansongwriter.com Website., PO Box 330249, Nashville, TN, 37203, or firstname.lastname@example.org.
16. Subscription: Some Operator and Americansongwriter.com Website content may require a paid subscription to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your renewal subscription, you authorize Operator to charge your payment method for the renewal term (Annual or Monthly). The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription. If you register for a free trial subscription, we may begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time. For any transaction, you will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and service and product specifics. We reserve the right to refuse or cancel any order. Some situations that may result in your order being cancelled. Membership and subscription fees are non-refundable, although you maintain the right to cancel any renewal subscription or renewal membership.
17. Payments and Billing: When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment process services to obtain current expiration dates on credit cards.
18. Arbitration Exclusive Conflict Resolution: Any dispute, claim, or controversy (i.e., contractual, tort, and/or statutory) arising out of or relating to this Americansongwriter.com, the print version of American Songwriter, this Agreement, any subscription or contest of American Songwriter, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined EXCLUSIVELY by arbitration in Nashville, Tennessee before one arbitrator. The arbitration shall be administered by AAA. The prevailing party shall be entitled to reasonable attorney fees and arbitration fees. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of conflict or choice of law rules.
19. Other. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States to the country in which you reside. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in any arbitration proceeding based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement constitutes the entire agreement between you and Operator. The failure of Operator to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 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.