Effective July 11, 2006
This website is operated by SoundExchange, Inc. (“SoundExchange”). When you use this website, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of this website.
Changes to this Usage Agreement
SoundExchange reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the SoundExchange website following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Ownership of Intellectual Property
This website (including all its contents and features) (“Content”) is the property of SoundExchange or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. Absent SoundExchange’s express written consent no portion of the Content may be used for any purpose other than personal, noncommercial use and all users must maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third-party website) without the express prior written consent of SoundExchange. The foregoing prohibition includes, but is not limited to, the practice of embedding SoundExchange website pages (or parts thereof) in “frames” or other pages offered from other sites, and “mirroring” Content from the SoundExchange website on a server other than that operated by SoundExchange. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content in any way at any time. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Links to Third Party Sites
This website includes links to other sites operated by third parties. The appearance of these links does not constitute endorsement by SoundExchange, its officers or directors of the opinions or views expressed by these linked websites and SoundExchange does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, SoundExchange is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither SoundExchange nor its officers or directors, will be responsible for any errors or omissions or for the results obtained from the use of the information contained in these sites. To the extent that these sites collect personal information or postings from end users, be advised that in no event shall SoundExchange assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the information on these sites. Additionally, you should consult these other sites’ privacy policies regarding their use of your information.
Conditions and Restrictions Regarding use of the PLAYS Search Engine
In addition to the terms and conditions set forth in this Usage Agreement, if you use the PLAYS Search Engine (“Plays”), the terms and conditions in this paragraph also shall apply. The data available through Plays is based on reports provided to SoundExchange by services operating under statutory licenses granted pursuant to 17 U.S.C. §§ 112 or 114, or both. SoundExchange does not guarantee that such data is current, accurate or complete.
Disclaimers and Limitations of Liability
Your use of this website is at your sole risk. SoundExchange provides this website on an “as is” and “as available” basis. SoundExchange reserves the right to restrict or terminate your access to this website at any time. the material contained on this website is subject to change without notice.
SoundExchange makes no warranties, express or implied, and specifically disclaims all warranties of any kind, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance.
Further, SoundExchange does not warrant that access to or use of this website will be uninterrupted or error-free, that defects will be corrected, that this website or the server that makes it available are free of viruses or other harmful components or that information accessible via this website will be complete, accurate, or timely.
To the fullest extent permissible under applicable law, you understand and agree that SoundExchange shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use this website or from any actions SoundExchange takes or fails to take as a result of electronic mail messages you send SoundExchange. These include damages relating to errors, omissions, down time, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if SoundExchange or our representatives have been negligent or have been advised of the possibility of such damages.
The laws of the District of Columbia govern these terms and conditions and your use of this website. You irrevocably consent to the exclusive jurisdiction of the courts located in the District of Columbia for any action in connection with these terms and conditions or your use of this website.
If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance.
How to Contact SoundExchange
If you have any questions about these terms and conditions, please contact us as follows:
733 10th Street, NW
Washington, DC 20001