Terms and Conditions

<p class="p1" style="text-align: center;"><span class="s1"><b>WEBSITE TERMS OF USE (the “Terms of Use”)</b></span></p><p class="p2">&nbsp;</p><p class="p3"><span class="s1"><b>This website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following Terms of Use. Your use of this website and the Services (defined below) demonstrate agreement to the Terms of Use.</b></span></p><p class="p2"><b style="line-height: 1.538em;">IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.</b></p><p class="p2"><b style="line-height: 1.538em;">You will see that we have included short summaries at the start of certain sections. These are no substitute for reading the terms in their entirety. They are there for convenience only and have no legal or contractual effect.</b></p>
<p class="p2"><strong>NOTE</strong>: NSAI receives inquiries from time-to-time about the language below asking if this means we own your songs or any royalties they may ever generate. ABSOLUTELY NOT!!! NSAI only helps you promote your material with your permission through services such as out Pitch-to-Publisher luncheon, TOP 40 Song Page...etc. In most of those instances you will receive a separate communication from us about those uses. NSAI was founded to protect your royalties and promote the profession of songwriting.</p>
<p class="p4"><span class="s2"><b>Ownership, Operation and Agreement to be bound by these Terms of Use</b></span></p>
<p class="p6"><span style="line-height: 1.538em;">This website belongs to the Nashville Songwriters Association International (“</span><b style="line-height: 1.538em;">Nashville Songwriters</b><span style="line-height: 1.538em;">”, “we”, “us” and “our”).&nbsp; Your use of this website and any applications, software, data, products, competitions, prize draws, and any other services provided to you on, or from, or through the website by Nashville Songwriters (collectively called the “</span><b style="line-height: 1.538em;">Services</b><span style="line-height: 1.538em;">”), is subject to the terms of a legal agreement between you and Nashville Songwriters.&nbsp; This legal agreement is made up of these Terms of Use (including applicable Additional Terms) together with the Nashville Songwriters.com Privacy Policy (the “Privacy Policy”).</span></p><p class="p8"><span class="s1">To the extent of any conflict between the Terms of Use and the Privacy Policy regarding the subject matter addressed in these Terms of Use, the Terms of Use shall prevail.&nbsp; You agree that we may change or revise these Terms of Use from time to time by updating this posting, and that such changes or revision will take effect immediately upon our posting. Visit this area each time you visit the website to keep up to date with the current Terms of Use. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Eligibility and Access</b></span></p><p class="p6"><span style="line-height: 1.538em;">You may not use the website and may not accept the Terms of Use if (a) you are under 13 years of age, or (b) you are barred or otherwise legally prohibited from using or accessing the website under the laws of the country in which you are resident.&nbsp; If you are over the age of 13 but under 18, you should review these Terms of Use with your parent or guardian to make sure that you both understand and agree to them.</span></p><p class="p6"><span class="s1" style="line-height: 1.538em;">Access to certain parts of the website and/or specific Services may be limited to (i) users aged 18 and over; and/or (ii) members of Nashville Songwriters.&nbsp; See the section entitled <b>Membership </b></span><span class="s3" style="line-height: 1.538em;"><b>Registration</b></span><span class="s1" style="line-height: 1.538em;"> below.&nbsp; In each case, we will clearly identify those parts of the website or those Services where access is limited and the applicable terms of use.&nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">Access to the website is permitted on a temporary basis, and Nashville Songwriters reserves the right in its sole discretion to modify or discontinue the website or specific portions of it without notice to you. We will not be liable if for any reason our site is unavailable at any time or for any period.</span></p><p class="p6"><span style="line-height: 1.538em;">Subject to applicable law, we reserve the right to suspend or terminate access to the website and/or the Services without notice, liability or responsibility for failure to comply with the Terms of Use or the Privacy Policy, for infringing copyright or any other intellectual property right, or for any other reason (including repeat minor offences).&nbsp; The decision to terminate an individual’s access to the website or the Services shall be final and binding.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Use of the website</b></span></p><p class="p9"><span style="line-height: 1.538em;">You must not copy, monitor or access any part of the website using an automated mechanism or process such as a robot or spider. You must not attempt to gain unauthorized access to any part of the website by hacking or any other similar means. You must not use the site for an unlawful purpose or unlawful purposes.&nbsp;</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Membership Registration</b></span></p><p class="p6"><span style="line-height: 1.538em;">In order to access certain portions of the site, you will need to become a member of Nashville Songwriters, either through the process available on the site or directly with Nashville Songwriters.&nbsp; In connection with such process, Nashville Songwriters will ask you to provide information which is personal to you, such as your name, address, email address, mobile telephone number, date of birth and/or gender etc.&nbsp; The information you provide must be genuine and you must not impersonate another person.</span></p><p class="p6"><span style="line-height: 1.538em;">As part of the membership registration process, you may be asked to select a username and password.&nbsp; You will be responsible for all activities occurring under your username and for keeping your password secure.&nbsp; If you become aware of any breach of security or unauthorized use of your username or password, you must notify Nashville Songwriters immediately by sending an email to: jennifer@nashvillesongwriters.com.</span></p><p class="p6"><span style="line-height: 1.538em;">You agree to provide accurate and complete information when registering and using the website and the Services, and you agree to keep your information up to date. &nbsp;&nbsp;</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Privacy</b></span></p><p class="p6"><span class="s1" style="line-height: 1.538em;">Nashville Songwriters takes your privacy very seriously and will use and protect any personal information you provide on this website in accordance with our </span><span class="s4" style="line-height: 1.538em;"><b>Privacy Policy</b></span><span class="s1" style="line-height: 1.538em;">. By using the Services you agree that we can use the personal information you provide in accordance with the aforementioned Privacy Policy.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Ownership and Use of Website Materials, Products and Services</b></span></p><p class="p6"><span style="line-height: 1.538em;">With the exception of User Submissions, Nashville Songwriters owns the intellectual property rights for all of the materials on the website or has a valid right from a third party to use materials on the website. Nashville Songwriters also owns or has a valid right to use all trademarks, service marks, graphics and logos used on this website. Unless expressly stated, no part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any modification of the materials or use of the materials for any other purpose is a </span><b style="line-height: 1.538em;">violation</b><span style="line-height: 1.538em;"> of Nashville Songwriters’ intellectual property rights and proprietary rights. The use of any such material(s) on any other website or computer network without Nashville Songwriters’ written consent is strictly </span><b style="line-height: 1.538em;">prohibited</b><span style="line-height: 1.538em;">. Your use of the trademarks, service marks, graphics and logos on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by Nashville Songwriters, is strictly </span><b style="line-height: 1.538em;">prohibited</b><span style="line-height: 1.538em;">.</span></p><p class="p6"><span style="line-height: 1.538em;">If you download or otherwise use certain software, features or other digital content, including apps, from this website (“</span><b style="line-height: 1.538em;">Products</b><span style="line-height: 1.538em;">”), the Products, and all files, images and data relating thereto, will be licensed to you by Nashville Songwriters under applicable terms and conditions, which may be presented to you separately at the time of download or prior to use of such Products (“Additional Terms”). You agree and acknowledge that you do not own the downloaded Products, and that Nashville Songwriters does not transfer ownership of the Products to you. Nashville Songwriters retains full ownership of and title to the downloaded Products and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Products to a human-readable form. You (and not Nashville Songwriters) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, harmful components, errors or any other problems whatsoever you may have as a result of visiting this website.</span></p><p class="p6"><span style="line-height: 1.538em;">The United States controls the export of any software downloadable from this website. No software or any other materials associated with this website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>User Submissions</b></span></p><p class="p6"><u><span style="line-height: 1.538em;">Submitting content</span></u></p><p class="p6"><span style="line-height: 1.538em;">Certain portions of the website may invite or enable you to post, upload, embed, display or otherwise communicate text, messages, photos, videos, sound recordings, music (including lyrics), graphics, drawings, suggestions, ideas (including product and advertising ideas), your and/or other persons’ names, likenesses, voices, usernames, performances&nbsp; and other information, materials or content owned or created by you (collectively, "</span><b style="line-height: 1.538em;">User Submissions</b><span style="line-height: 1.538em;">"). &nbsp;</span></p><p class="p6"><b style="line-height: 1.538em;">NASHVILLE SONGWRITERS WILL CONSIDER USER SUBMISSIONS AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND SHALL BE UNDER NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION CONTAINED IN YOUR USER SUBMISSION.&nbsp; ALL USER SUBMISSIONS ARE SOLELY FOR PROMOTIONAL PURPOSES AND NO REMUNERATION OR COMPENSATION OF ANY KIND WILL BE PAID FOR SUCH SUBMISSIONS.</b></p><p class="p7">&nbsp;</p><p class="p7"><u><span class="s2">Rights to submit content</span></u></p><p class="p11"><span style="line-height: 1.538em;">You warrant and represent that you have (and will continue to have during your use of the website) all necessary rights, licenses, consents and permissions which are required to enable Nashville Songwriters and/or related content providers to use your User Submissions for the purposes envisioned by the website and these Terms of Use.</span></p><p class="p6"><span style="line-height: 1.538em;">You further warrant and represent that you have the consent, release, and/or permission of each and every identifiable individual in your User Submissions to use his or her name, username or likeness in the manner contemplated by the website and the Products, Services or other materials on or available from the website.</span></p><p class="p6">&nbsp;</p><p class="p7"><u><span class="s2">Nature of content submitted</span></u></p><p class="p6"><span style="line-height: 1.538em;">In connection with User Submissions, you agree and warrant that:&nbsp;</span></p><p class="p13" style="margin-left: 40px;"><span style="line-height: 1.538em;">you will not submit any User Submission that is subject to any right of a third party including, without limitation:</span></p><p class="p15">&nbsp;</p><p class="p7"><span class="s1">copyright, patent, trade mark, trade secret, or other proprietary or contractual right;</span></p><p class="p7"><span class="s1">right of privacy or publicity; or</span></p><p class="p7"><span class="s1">confidential information</span></p><p class="p6" style="margin-left: 80px;"><span style="line-height: 1.538em;">unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Submission and to grant the rights herein;&nbsp;</span></p><p class="p14" style="margin-left: 40px;"><span class="s1">neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws;&nbsp;</span></p><p class="p17" style="margin-left: 40px;"><span style="line-height: 1.538em;">you will not submit User Submissions that are unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Nashville Songwriters to use or possess in connection with the provision of the website or the Services; and</span></p><p class="p6" style="margin-left: 40px;"><span style="line-height: 1.538em;">you will not submit a User Submission that:</span></p><p class="p7"><span class="s1">is illegal or encourages or condones illegal acts or the discussion of illegal acts with the intent to commit them, including&nbsp; but not limited to drug dealing, drug abuse, child pornography, physical or sexual assault, stalking, theft, fraud or conspiracy to commit a criminal act;</span></p><p class="p7"><span class="s1">is defamatory, threatening, abusive, harassing or an invasion of privacy;</span></p><p class="p7"><span class="s1">is discriminatory or prejudicial based upon race, color, religion, gender, sexual orientation, age, disability or otherwise;</span></p><p class="p7"><span class="s1">is obscene, pornographic or otherwise sexually explicit;</span></p><p class="p7"><span class="s1">is dangerous, irresponsible or antisocial or encourages or condones dangerous, irresponsible or antisocial behavior;</span></p><p class="p7"><span class="s1">contains a virus, spyware or other harmful component, or otherwise impairs, interrupts or damages the website, the Services or any connected network, or otherwise interferes with a person’s use or enjoyment of the same; or</span></p><p class="p7"><span class="s1">contains any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (other than as permitted on the site).</span></p><p class="p7"><span class="s1">You understand and agree that you are solely responsible for your own User Submissions and the consequences of your posting or publishing them.&nbsp;</span></p><p class="p7"><span class="s1">By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights, or appropriation of your right of publicity arising from or out of Nashville Songwriters’ use of your User Submissions in accordance with these Terms of Use. &nbsp;</span></p><p class="p6">&nbsp;</p><p class="p6"><u><span style="line-height: 1.538em;">Nashville Songwriters and your submissions</span></u></p><p class="p6"><span style="line-height: 1.538em;">Nashville Songwriters has no obligation to use your User Submission in any way and Nashville Songwriters shall not be obliged to give reasons for rejecting your User Submission or to identify Nashville Songwriters’ activities that relate to your User Submission in any way.</span></p><p class="p6"><span style="line-height: 1.538em;">Nashville Songwriters has no obligation to compensate you for any use of your User Submission as envisaged by the website and these Terms of Use.&nbsp; You will not receive nor do you have any claim for any royalties associated with any User Submissions submitted to the site.</span></p><p class="p6"><span style="line-height: 1.538em;">Nashville Songwriters may use your name to attribute your User Submission to you (although we shall not be obliged to do so).</span></p><p class="p18"><span style="line-height: 1.538em;">By submitting User Submissions to the site, you understand that your User Submission could be attributed to you and your User Submission and other information submitted by you may be searchable by other members of the site.&nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">In addition, you understand and agree that when using the website, you may be exposed to User Submissions posted and/or submitted by other users. Nashville Songwriters is not in any manner responsible for User Submissions, and Nashville Songwriters does not guarantee the accuracy, integrity, quality or intellectual property rights of, or relating to, such User Submissions. In addition, Nashville Songwriters cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the website. &nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily those of Nashville Songwriters or its affiliated or related entities or content providers and Nashville Songwriters expressly disclaims any and all liability in connection with any User Submission.&nbsp; You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nashville Songwriters with respect to any User Submissions.</span></p><p class="p6"><span style="line-height: 1.538em;">By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights or appropriation of your right of publicity arising from or out of Nashville Songwriters’ use of your User Submissions in accordance with these Terms of Use. &nbsp;</span></p><p class="p18"><span style="line-height: 1.538em;">Without prejudice to our other rights under these Terms of Use or at law, Nashville Songwriters reserves the right in its absolute discretion and without prior notice to refuse to post, exclude or remove any User Submission from the website that violates the Terms of Use and/or the Privacy Policy.</span></p><p class="p18"><span style="line-height: 1.538em;">Nashville Songwriters will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing Nashville Songwriters to disclose the identity of anyone posting User Submissions.&nbsp; To the extent we can do so by law, we reserve the right to identify any user to third parties and/or disclose any User Submission or personal data to any third party claiming that a User Submission infringes their intellectual property rights or their right to privacy.&nbsp; We may also disclose such information if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nashville Songwriters, its customers or the public.</span></p><p class="p18"><span style="line-height: 1.538em;">Although Nashville Songwriters is under no obligation to review or monitor User Submissions, Nashville Songwriters reserves the absolute right to do so in its sole discretion. In addition, Nashville Songwriters reserves the right at all times to alter, edit, refuse to post or remove any User Submissions from the website, in whole or in part, for any reason or for no reason and without prior notice if it chooses to do so. You agree that Nashville Songwriters does not have any obligation to use or respond to any User Submission.</span></p><p class="p19">&nbsp;</p><p class="p5"><span class="s1"><b>Ownership of User Submissions&nbsp; &nbsp;</b></span></p><p class="p6"><span style="line-height: 1.538em;">You shall retain all of your ownership rights in your User Submissions, but you are required to grant limited rights to Nashville Songwriters and other users of the website. &nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">In return for using the website and the Services, you grant Nashville Songwriters a non-exclusive, irrevocable, worldwide, royalty-free transferable license (with full right to sub-license) to use your User Submissions for any purpose whatsoever (to the extent permitted by law) in perpetuity and free of charge.&nbsp; The license shall include, without limitation, the right to reproduce, copy, edit, adapt, make derivative works, combine with other works, make available, synchronize, display, publicly perform, transmit, broadcast, publish, distribute, sub-license and delete your User Submissions.&nbsp; Without prejudice to the foregoing, if you hold a patent in your User Submission, Nashville Songwriters acknowledges that these Terms of Use shall not grant Nashville Songwriters any license under any such patent.</span></p><p class="p6"><span style="line-height: 1.538em;">You acknowledge and agree that if Nashville Songwriters edits, modifies or makes a derivative work from your User Submission, or combines your User Submission with other works, any rights in such modifications or derivative works shall be owned exclusively by Nashville Songwriters.</span></p><p class="p6"><span style="line-height: 1.538em;">If your User Submission includes an idea or suggestion, you acknowledge that Nashville Songwriters or a third party acting on our behalf may have previously worked on or may be working on the same or a similar idea.&nbsp; By submitting your idea, you agree that we may continue to develop the idea (or a similar idea) independently of, and without acknowledging, your idea. &nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">You hereby irrevocably and unconditionally release and forever discharge Nashville Songwriters from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent, and of any nature whatsoever, which you may have or may in the future have against Nashville Songwriters with respect to your User Submission, including how Nashville Songwriters uses your User Submission.</span></p><p class="p19">&nbsp;</p><p class="p5"><span class="s1"><b>License to Other Users of the Website</b></span></p><p class="p6"><span style="line-height: 1.538em;">You also grant to each user of the website, a non-exclusive, worldwide, royalty-free license to access your User Submissions through the website free of charge, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the website and as envisaged by these Terms of Use.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Consents</b></span></p><p class="p11"><span style="line-height: 1.538em;">You grant Nashville Songwriters all consents required pursuant to all applicable copyright laws and statutes which may be required for the use by Nashville Songwriters and/or our content providers of your User Submissions in accordance with these Terms of Use.</span></p><p class="p6"><span style="line-height: 1.538em;">You waive all moral rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world relating to your User Submissions. Where this is not permitted by law you undertake not to enforce your moral rights at any future point in time.&nbsp;</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Geographic Scope of the Website</b></span></p><p class="p20"><span style="line-height: 1.538em;">Nashville Songwriters controls and operates this website from the United States. Nashville Songwriters makes no representation that materials in this website or the Products described thereby are appropriate or available for use in your location. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.</span></p><p class="p20"><span style="line-height: 1.538em;">You agree not to link to this website from a website not operated by Nashville Songwriters, unless you have obtained Nashville Songwriters’ prior written consent.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Links to Other Websites</b></span></p><p class="p6"><span style="line-height: 1.538em;">For your convenience and enjoyment, this website may provide links to other websites on the world wide web that are not operated by Nashville Songwriters. Nashville Songwriters has no control over these websites and is not responsible for their availability. Nashville Songwriters does not endorse, approve or sponsor, nor is Nashville Songwriters responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites. Nashville Songwriters is not responsible for webcasting or any other form of transmission received from any linked site.&nbsp; In addition, Nashville Songwriters is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked websites.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Contents of the Website Disclaimer</b></span></p><p class="p6"><span style="line-height: 1.538em;">The material on the website (including any graphics, software, digital content, recommendations or other materials) and any material made available through the website is provided "as is" and “as available” and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Nashville Songwriters disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nashville Songwriters does not warrant or make any representations regarding the use or the results of the use of the material on the website in terms of its correctness, accuracy, reliability, or otherwise. The material on this website could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Nashville Songwriters undertakes no obligation to verify or maintain the currency of such information. &nbsp;</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Operation of the Website Disclaimer</b></span></p><p class="p6"><span style="line-height: 1.538em;">NASHVILLE SONGWRITERS ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, NASHVILLE SONGWRITERS EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NASHVILLE SONGWRITERS MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT NASHVILLE SONGWRITERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, HARMFUL COMPONENTS, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE. &nbsp;</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Limitation of Liability</b></span></p><p class="p6"><span style="line-height: 1.538em;">TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.</span></p><p class="p21"><span style="line-height: 1.538em;">SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NASHVILLE SONGWRITERS, OUR LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, GOODWILL, BUSINESS OPPORTUNITY, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, THAT MAY RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL ON THE WEBSITE, (B) THE CONDUCT OF ANY USER OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NASHVILLE SONGWRITERS SHALL NOT BE LIABLE EVEN IF NASHVILLE SONGWRITERS OR AN AUTHORIZED REPRESENTATIVE OF NASHVILLE SONGWRITERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, LOSS OR CORRUPTION OF DATA, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.</span></p><p class="p6"><span style="line-height: 1.538em;">NASHVILLE SONGWRITERS ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY USER SUBMISSION OR FOR ANY LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, ILLEGALITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ERROR OR INACCURACY CONTAINED IN ANY USER SUBMISSIONS.&nbsp;</span></p><p class="p6"><span class="s1" style="line-height: 1.538em;">APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL NASHVILLE SONGWRITERS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT</span><span class="s3" style="line-height: 1.538em;"> </span><span class="s1" style="line-height: 1.538em;">(INCLUDING, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Indemnification</b></span></p><p class="p6"><span style="line-height: 1.538em;">You hereby agree to defend, indemnify and hold Nashville Songwriters and each of our respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the website, any use of your User Submissions as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Termination</b></span></p><p class="p6"><span style="line-height: 1.538em;">The Terms of Use and the Privacy Policy are and shall remain effective until terminated.&nbsp; You may terminate these Terms of Use by ceasing to use the website and destroying any and all material obtained by you from the website.&nbsp; We may immediately terminate the Terms of Use and the Privacy Policy, including your access to the website, if you breach or fail to comply with any material term or provision of the Terms of Use.&nbsp; Upon termination, you must discontinue use of the website and destroy any and all material obtained by you from the website.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Copyright Agent</b></span></p><p class="p6"><span style="line-height: 1.538em;">The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:</span></p><p class="p6"><span style="line-height: 1.538em;">an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;</span></p><p class="p22"><span style="line-height: 1.538em;">a description of the copyrighted work or other intellectual property that you claim has been infringed;&nbsp;</span></p><p class="p22"><span style="line-height: 1.538em;">a description of where the material that you claim is infringing is located, with enough detail that we may find it;</span></p><p class="p22"><span style="line-height: 1.538em;">your address, telephone number, and email address;&nbsp;</span></p><p class="p22"><span style="line-height: 1.538em;">a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;&nbsp;</span></p><p class="p22"><span style="line-height: 1.538em;">a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.&nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:</span></p><p class="p23" style="margin-left: 40px;"><span class="s1">Nashville Songwriters Association International<br>Attn: Jennifer Turnbow<br>1710 Roy Acuff Place, Nashville, TN 37203<br>(615) 256-3354<br>jennifer@nashvillesongwriters.com</span></p><p class="p7"><span class="s1">We suggest that you consult your legal advisor before filing a notice with our copyright agent.</span></p><p class="p6"><span style="line-height: 1.538em;">We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the website or making submissions.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Availability of Help</b></span></p><p class="p6"><span style="line-height: 1.538em;">This website may provide a Help file or other instructions for the use of this site. However, you understand that Nashville Songwriters is under no obligation to provide any support for the use of the website.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Applicable Law and Jurisdiction</b></span></p><p class="p6"><span style="line-height: 1.538em;">These Terms of Use and any disputes arising under or related to these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be governed by, construed and enforced in accordance with the laws of Tennessee, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be brought exclusively in [insert appropriate court(s)], and you hereby accept and submit to the personal jurisdiction of these</span><b style="line-height: 1.538em;"> </b><span style="line-height: 1.538em;">courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.&nbsp;</span></p><p class="p6"><span style="line-height: 1.538em;">YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE.</span></p><p class="p24"><span class="s1" style="line-height: 1.538em;">TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, THE DOMAIN, OR THE SERVICES, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.</span><span class="s5" style="line-height: 1.538em;">]</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>Severability</b></span></p><p class="p6"><span style="line-height: 1.538em;">If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>No Waiver</b></span></p><p class="p6"><span style="line-height: 1.538em;">No failure on the part of Nashville Songwriters to enforce any part of these Terms of Use shall constitute a waiver of any of Nashville Songwriters’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Nashville Songwriters nor the reliance of any person on Nashville Songwriters’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Nashville Songwriters shall have any legal effect whatsoever.</span></p><p class="p5">&nbsp;</p><p class="p5"><span class="s1"><b>No Legal Effect</b></span></p><p class="p6"><span style="line-height: 1.538em;">The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.</span></p><p class="p6">&nbsp;</p><p class="p6"><span style="line-height: 1.538em;">Copyright © 2014 All rights reserved.</span></p>