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As of June 10, 2020
This site is operated by American Songwriter. “Operator” shall include American Songwriter 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 American Songwriter and/or its licensors, all rights reserved. American Songwriter is the registered trademark of American Songwriter.
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.
20. Giveaways, Sweepstakes, & Other Promotions. By entering a American Songwriter Giveaway (each, a “Sweepstakes”), you will be bound by these Terms & Conditions and you acknowledge that you satisfy all eligibility requirements. Eligibility. Open to individual legal residents of the 50 United States or the District of Columbia and Canada who are the legal age of majority in their state or country of residence prior to the date of entry. Employees of Sponsor, American Songwriter and its affiliates, and their immediate family members are not eligible to participate. Sponsor. The Sponsor is the individual or entity offering the Sweepstakes on the Sweepstakes Landing Page. Neither American Songwriter nor any of its affiliates is a sponsor of the Sweepstakes. Prize(s) and Winner Selection Method. The Sponsor will award a prize to one or more individuals who enter at the Sweepstakes point of entry (“Sweepstakes Landing Page”) using the selection method identified below. The Sweepstakes Landing Page will specify the Sponsor, prize(s), approximate retail value, how to enter, and when each Sweepstakes begins and ends (which may be sooner than the end dates and times provided depending on the available supply of prizes). Potential winner(s) will be selected at random from among all eligible entries received. Odds of winning depend on the number of eligible entries received. If you are a winner, an e-mail notification will be sent to you on behalf of the Sponsor. Prize(s) will be fulfilled by the Sponsor. Prize(s) will either be delivered by the Sponsor using the shipping address you select for the Sweepstakes. Each winner will be responsible for paying any taxes and any other expenses incurred, including any income taxes, sales or use taxes, value added taxes, goods and services taxes, Quebec sales taxes, or harmonized sales taxes. Each prize will be awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). If you win a prize, you may not transfer, assign, or redeem the prize for cash. The Sponsor may substitute a prize with a prize of equal or greater value.
How to Enter. You may enter the Sweepstakes via the entry method described below.
Other Sweepstakes. By entering a Sweepstakes, you will not be eligible to receive any prizes awarded in any other Sweepstakes unless you enter each Sweepstakes separately.
Additional Terms. Sponsor, together with American Songwriter, reserves the right to modify or cancel a Sweepstakes at any time. Sponsor and American Songwriter and its affiliates are not responsible for: (a) lost, misdirected, late, or incomplete entries or for inaccurate entry information; (b) any operation or transmission error, theft, unauthorized access to, or alteration of, entries; or (c) damage to any computer or device resulting from downloading Sweepstakes materials. Sponsor, together with American Songwriter, may disqualify any individual found to be: (x) tampering with a Sweepstakes; (y) violating these Terms & Conditions; or (z) acting in an unsportsmanlike or disruptive manner or with intent to threaten or harass any person. Incomplete and robotic, automatic, programmed or similar entries will be disqualified. The authorized subscriber of the account used to enter a Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Terms & Conditions in the event of a dispute as to entries submitted by multiple users having the same e-mail account. No greater than the number of prizes stated on the Sweepstakes Landing Page will be awarded. If any errors occur in the selection of a potential winner, or if more prizes are claimed than specified, Sponsor or American Songwriter may award the prize(s) by random drawing from among all eligible claimants. All prizes made available for a Sweepstakes may not be awarded in the event Sponsor or American Songwriter does not receive a sufficient number of qualified and eligible entries for an applicable Sweepstakes.
Miscellaneous. Each Sweepstakes is governed by the laws of the United States. By entering a Sweepstakes, you agree (for yourself and your heirs) that Sponsor, American Songwriter, and each of their respective affiliates and agents, and any entity involved in any aspect of the Sweepstakes (all aforementioned parties are collectively, the “Released Parties”) will have no liability, and will be held harmless from and against liability, loss, injury or damage to property or person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of any of the Released Parties.
You agree that Sponsor’s decisions related to each Sweepstakes and all distribution of prizes are final. Each winner agrees that, by participating in a Sweepstakes, Sponsor, American Songwriter, and their respective affiliates may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winner’s list, except where prohibited by law, and Sponsor, American Songwriter, and their respective affiliates may be required to disclose the winner’s address to state regulatory authorities.
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