Terms and Conditions of Use

Introduction

By accessing the Broadcast Music, Inc. (hereinafter, “BMI”) website (the “Site”), you agree that you will be bound by the terms and conditions set forth herein (the “Agreement”). We reserve the right to change the terms and conditions of this Agreement, from time to time. By using the Site after we make such changes, you agree to be bound by the new terms and conditions. We will also from time to time, change the content of the Site. Some of the pages of the Site contain their own terms and conditions that may by their terms supersede the terms and conditions of this Agreement.

Copyright

Except as specifically permitted herein, you may not reproduce any portion of the Materials (as defined below) posted on this Site without prior written permission from BMI. This prohibition includes, but is not limited to editorial and pictorial content.

Trademarks

All pages on this Site, including the abbreviation for Broadcast Music, Inc., (“BMI”), BMI’s stylized abbreviation, logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, “Marks”) of BMI or other third parties. BMI’s owned or administered Marks include, but are not limited to BMI, BMI.com, Broadcast Music, Inc., For The Power of Music, BMI Foundation, Inc., BMI Horizon Project, Music Changes Everything, Music Stand (old version), Music Stand (new version) MusicWorld, Planet Stereo, The Original Alternative, Where Performance Counts, and Your Music Connection. Marks pending approval include but are not limited to Digital Licensing Center, FastTrack, Klik-Thru Licensing, and Per Program Services Empowered by BMI. You may not use the Marks without BMI’s prior written consent, or the consent of the third parties that may own the Marks.

General Use Parameters and Restrictions

All materials contained in the Site (the “Material” or “Materials”), which include, among other things, images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, services and written and other materials that are part of this Site, are the copyrighted or trademarked property of BMI or its affiliates. All trademarks, service marks, and trade names are proprietary to BMI or its affiliates.

You may not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way without BMI’s prior express written permission. You may not “mirror” any Material contained on this Site on any other server. You may not use any of the Materials on any other Web site or networked computer environment for any purpose.

Nothing on this Site shall be construed as conferring any license under any of BMI’s or any third party’s intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses.

You may display, copy, distribute or download the Materials on this Site provided that ALL of the following conditions are met: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, noncommercial and informational use and will not be copied or posted on the Internet, or any other network computer or broadcast in any media, and (3) no modifications of any of the Materials are made.

NOTWITHSTANDING THE ABOVE, YOU ARE EXPRESSLY PROHIBITED FROM DOWNLOADING ANY DATABASES MADE AVAILABLE ON THIS SITE AS INFORMATION RESOURCES, INCLUDING, BUT NOT LIMITED TO, THE BMI Repertoire.

If you breach any of this Site’s terms or conditions, this Agreement will be terminated immediately. Upon termination, you agree that you will immediately destroy any downloaded and printed Materials.

You are prohibited from copying or imitating, in whole or in part, the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights.

Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, or other laws. Such violations may result in severe civil and criminal penalties against you. BMI will prosecute violators to the maximum extent possible.

Conditions and Restrictions Regarding the BMI Repertoire

The BMI Repertoire contains information on compositions in the BMI repertoire, including foreign compositions licensed by BMI.

The BMI Repertoire has access to the song title registration information contained in the BMI repertoire, including foreign works registered with BMI and arrangements of works in the public domain.

The information contained in the database has been provided to BMI from a variety of sources, and BMI makes no warranties or representations whatsoever with respect to its accuracy. In some cases, the writer or publisher information shown may not reflect actual copyright ownership of a work as registered with the U.S. Copyright Office. In addition, writers or publishers for whom BMI does not license a work are not listed. Any use of this information for purposes other than to determine what musical compositions are contained in the BMI repertoire through the last update is solely at the risk of the user. Our database displays the names of recording artists that we have verified with independent, recognized industry sources.

We update our repertoire information daily. BMI specifically disclaims any and all liability for any loss or damages which may be incurred, directly or indirectly, as a result of the use of the information in this database, or for any omissions or errors contained in the database.

By starting a query against BMI’s Repertoire Internet song title database, you thereby indicate that you understand the limitations of the information in the database, that you agree to the terms and conditions stated above, and that you waive any and all claims of any kind and nature against BMI, its officers, employees, affiliates or licensees, with respect to your use of this database or the information provided.

BMI is the owner of all rights in the Repertoire database under all applicable federal and state laws. The database is intended for research and information purposes in the form presented. You may not copy, distribute, download, publish, modify, reformat, reconfigure, extract, link, incorporate into other software, databases or online material, or otherwise appropriate the database, without the express written permission of BMI. You may not create, generate, reverse engineer or compile any source code version of the database or any part thereof, nor shall you assist or allow others to do so.

By starting a query against the BMI Repertoire, you agree to the terms and conditions set forth herein.

Photographs

The Site contains photographs of BMI personnel and others. However, if your photo appears on the Site and you wish to have it removed for any reason, please send such requests to (JavaScript must be enabled to view this email address).

Use of Software

This Site may contain software and documentation or other Materials available for download. All such software and related Materials are the copyrighted works of BMI and/or other parties. If you use the software, you agree to be bound by the terms of the license agreement accompanying the software. You are prohibited, and you agree that you will not download or use any software unless you agree to abide by the terms of the license agreement.

Submissions & Third Party Content

You agree not to submit to the Site shall any content which (a) is libelous, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates or infringes any person’s legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents; (c) violates any law; (d) advocates any unlawful activity; or (e). solicits funds for or otherwise advocates any organization, goods or services.

You are solely responsible for any Materials you submit, and that BMI has no responsibility for any of these Materials, including their legality, originality, reliability and appropriateness. By submitting your content, you agree to be bound by these terms.

Disclaimer

BMI makes no representations or warranties of any kind, whether express or implied, regarding this Site or its contents. BMI expressly disclaims any such representations and warranties, including, but not limited to those relating to merchantability and fitness for a particular purpose. Moreover, BMI does not represent or warrant that any Materials which you may access at or through the Site are current, accurate or complete. The Site and all of its contents are provided on an “as is” basis only. BMI may change information relating to pricing and availability without notice. You agree that you will use the Site and any Materials available at or through the Site solely at your own risk. You also agree that you are solely responsible for all costs associated with any servicing or repairs of any equipment you use, including your computer, as part of your use of the Site and that BMI will not in any way be liable to you for damages of any kind which relate to your use of the Site. You also agree to waive any and all claims of any kind or nature against BMI, its officers, employees, affiliates or licensees, with respect to your use of this Site or any of the information or Materials available at the Site.

BMI has not authenticated in any way any Materials which have been supplied by parties other than BMI. BMI does not furnish, sell, license or lease any Materials except those specifically identified as being provided by BMI.

BMI may be required to report to and cooperate fully with law enforcement authorities or comply with court orders which request or direct BMI to disclose the identity of anyone who submits Materials which may be threatening or libelous or which violates any law.

Our Site may be accessed from other countries around the world and may contain references to BMI licenses, services, programs or products which are not available in your country. Any reference to these services, programs are products does not indicate that BMI intends to implement any of them in your country.

Limitation of Liability & Indemnity

Neither BMI, nor bmi.com, nor any of its officers, directors, employees, affiliates or any of its other representatives will be liable for damages arising out of or in connection with your use of or the inability to use this Site. This is an all-encompassing limitation of our liability that applies to all damages of any kind, including but not limited to, damages that are compensatory, direct, indirect or consequential, loss of profit, income or data, damage to property and claims by any other persons or entities. You agree to defend, indemnify and hold harmless, BMI, its officers, directors, employees, agents, distributors and its affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from or related to your use of the Site or your breach of any of the agreements, representations or warranties you have made to or with BMI.

Links to Third-Party Sites

Our Site contains links to other web sites which are not under BMI’s control. BMI makes no representations of any kind regarding the content of such sites and you agree to irrevocably waive any claim against BMI with respect to such sites. You agree that anytime you access a different web site through BMI’s Site, you do so at your own risk. BMI is not responsible for the accuracy or reliability of any information or Materials contained on non-BMI web sites you access through our Site. BMI allows links to other web sites merely as a convenience to you. Any comments regarding any of these other web sites, including the Materials and resources contained on them, should be directed to the entity whose web site contains these Materials or resources. However, BMI’s webmaster would like to be copied on any complaint addressed to any of these non-BMI sites. The presence of a link between any web site and this Site does not constitute a waiver of any right BMI may have to license such site for the non-dramatic public performance of musical works in BMI’s repertoire.

BMI’s Policy Regarding Linking to This Site

BMI welcomes other sites linking to our Site, so long as the following guidelines are followed. Developers should link to our home page (http://www.bmi.com or http://www.bmi.com) rather than linking to internal pages. Our pages are constantly changing, with content being added and removed on a daily basis. By linking to our homepage, you ensure that your site avoids containing broken links in the future. You may not use the BMI logo or any other graphics or text to imply an endorsement or support by BMI without written permission. To inquire further, contact:

Webmaster
Broadcast Music, Inc.
320 W. 57th Street
New York, NY 10019

When linking to internal pages, you should inform us as to which pages you want to link to, the specific content on the page you are interested in, when you plan to start linking and the duration for which the link will be available. Also include the URL of the page that contains the link. Upon linking to BMI.COM, BMI’s content should appear in its own browser window, by setting the href target to “_blank” or by spawning a new browser. The BMI.COM page must not appear within a frame. In addition, the content of BMI.COM must not be portrayed as belonging to anyone other than Broadcast Music, Inc. Nor should your site imply that BMI is endorsing your products or services. By linking your site with the BMI Site, you agree that you will not provide false or misleading information about BMI, its officers, directors, affiliates or its services or activities. You further agree that your web site does not infringe the rights of any other person or entity, including but not limited to copyrights and trademarks. You also agree that your site does not violate any laws, advocate unlawful activity or contains content which is not appropriate for all ages. BMI reserves the right to remove or to request you to remove any links to any Site which is not in compliance with the foregoing terms and conditions. Should you have any questions, please contact our webmaster at (JavaScript must be enabled to view this email address).

No Endorsements

The appearance of or reference to any information, Materials or other content on, or linked to, from this Site does not constitute an endorsement, express or implied of any products or services provided by entities other than BMI.

BMI Online Store

You agree that you have the sole responsibility regarding your use of BMI’s online store on the Site and that it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all advice, opinions, services and other information as well as the quality of any merchandise ordered through this service. You agree that any use of this portion of the Site is solely at your own risk. You understand that other than content, products or services clearly identified as being supplied by BMI, all products, services or content offered or made available or accessible through this service are supplied by entities that are not affiliated with BMI, but who have contracted with BMI to fulfill orders placed with them for the materials you may order. BMI and its vendors have attempted to display the nature of the merchandise, such as size and color, as accurately as possible. However, the images you see are affected by the size and quality of your monitor and neither BMI nor any of its vendors can ensure the accuracy of your monitor’s display. If you are not satisfied with this service or any merchandise or other materials you purchase through the service, your sole remedy is to discontinue using the service.

Certain products, services or programs may not be available in your country and references to any product, service or program does not indicate that BMI, or its vendor, will make such product service or program available in your country. Please note that all prices quoted are in United States dollars and are valid only within the United States.

Local Laws and Export Controls

The Site is controlled by BMI from its offices in New York City. We make no representation that these Materials are appropriate or available for use in any particular location. If you use this Site from other locations, you are responsible for compliance with applicable local laws.

You acknowledge and agree that all Materials herein are subject to the US Export Administration Laws and Regulations. Diversion of such Materials contrary to US law is prohibited. None of the Materials may be downloaded, transferred or otherwise exported or re-exported directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the US Government. Proscribed countries are set forth in the US Export Administration Regulations. Countries subject to US embargo are: Cuba, Iran, Iraq, Libya, Rwanda, Angola, Yugoslavia, Liberia and Somalia. This list is subject to change without further notice. You certify that you are not on the US Department of Commerce’s Denied Persons List or affiliated lists or on the US Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all US export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. By downloading or using Materials, including software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Governing Law and Jurisdiction

This Site is controlled by BMI from its offices within the County, City and State of New York, United States of America. By accessing this Site, you and BMI agree that all matters relating to your access to, or use of this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and BMI also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commercial Part of the Supreme Court of New York County and the United States District Court for the Southern District of New York with respect to such matters.

Termination

This Agreement is effective unless and until terminated by either you or BMI. You may terminate this Agreement at any time. Your access to this Site may be terminated immediately, without notice from us, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BMI, you agree that you will cease use of the Site immediately and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

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