SERVICES AVAILABLE ON THE SITE
We may make certain content and services available to visitors and registrants of the Site. For example, you may be able to read news, articles, interviews and other content, search or browse through music samples, request quotes for music licenses, obtain licenses to use certain music for certain discrete purposes, monitor your account with us, and browse through an online catalog of items available for purchase through our affiliates (these services are collectively referred to herein with the Site as the "Site").
All original content contained on the Site (including the results of any song data searched conducted on the Site) is the property of BME Songs. Your use of the Site does not grant to you ownership of any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as expressly allowed herein or otherwise expressly approved by us. You may not copy, reproduce, distribute or otherwise exploit any music or other content on the Site without our prior written consent. We reserve the right, at our sole discretion, to terminate any registration and deny access to the Site to any one, for any reason, without notice. Further, any such misuse of music, materials or content contained on the Site may violate copyright and other laws of the Netherlands, other countries and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by us in any manner.
In the course of your use of the Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Notice which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed prior to your submission of information to us, any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.
You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that:
- Are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner;
- Are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful,
- Restrict or inhibit any other user from using and enjoying the Site,
- Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or
- Contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not:
- Impersonate or misrepresent your affiliation with any other person or entity;
- Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
- Engage in spamming or flooding;
- Retain or attempt to retain copies of audio files that are "streamed" from the Site (sometimes referred to as "stream-catching") or
You agree to defend, indemnify and hold the Site Proprietors and their directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
DISCLAIMER OF WARRANTIES
The site, including, without limitation, all content, functions and materials, is provided without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the site will meet users requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
LIMITATION OF LIABILITY
In no event shall the site proprietors or any of their directors, officers, employees, agents, affiliates, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, including, without limitation, loss of revenu, or anticipated profits or lost business or lost sales, even if such entity has been advised of the possibility of such damages. In no event shall any site proprietor be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf on any user or other person on or through the site.
LINKS FROM AND TO THE SITE
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
We control and operate this Site from our offices in the Netherlands. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MODIFICATIONS TO THE SITE AND THE SERVICES
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.