Terms of Use Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
This Terms of Use Agreement is made by and between you (“User”) and Lyric Check (“Company”) and sets forth the terms and conditions of your use of this website.
- 1. Acceptance of Terms of Use.
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User agrees that your use of this website and the services provided are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. If User does not fully agree to all of the terms, conditions and notices provided by this Agreement, User should refrain from any further use of this website.
- 2. Lyric Review Submission.
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By submitting lyric information for a song through this website, User agrees that Company will have the non-exclusive and irrevocable right to use, reproduce, store, distribute, and transmit, any submitted information (the “Submitted Materials”) solely for the purposes of the lyric evaluation service provided. Company shall not use any Submitted Materials for any other purpose, including without limitation, licensing User’s Submitted Materials to others except for the lyric evaluation service provided. User understands and agrees that Company’s lyric evaluation service is an automated computer software screening mechanism designed to provide feedback on the basis of information submitted by User and neither any representatives of Company or any of its affiliates or licensees will personally evaluate or review submissions nor listen to User’s songs if the Submitted Materials are not approved by Company’s automated screening process.
- 3. User’s Warranties.
For any and all Submitted Materials, User warrants that:
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Any Submitted Materials as well as any songs incorporating such Submitted Materials (and any demo recordings of such songs, if requested by Company or its licensees and submitted by User) are User’s original works of authorship, do not contain any "samples" or excerpts from material of others, and do not otherwise infringe upon any rights (including, without limitation, copyrights), and that no permission is required from any third parties for Company and/or its licensees to use the Submitted Materials as provided herein.
- No payment shall be made by Company or any licensees using Company’s lyric evaluation service for their use of the Submitted Materials in connection with the evaluation services provided.
- User is of legal age to enter into contracts and has all rights, approvals and/or consents necessary to submit the Submitted Material subject to the terms and conditions provided herein.
- User guarantees that the Submitted Materials will not contain any viruses, corrupted files, or other information which may damage or otherwise interfere with Company’s or its licensees computer systems or data.
- User’s submission and use of Company’s services shall not violate any applicable laws or regulations.
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If User does not agree to grant Company the rights specified herein and/or if User is not able to provide Company the above-specified warranties, User should not submit any materials.
User shall indemnify, defend and hold harmless Company, its owners and its licensees against any loss, liability, claim, demand, damage, or expense (including all legal fees and any other expenses) that may be incurred by Company, its owners, and its licensees as a result of User’s breach of the warranties made herein.
- 4. Company’s Intellectual Property.
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- All content appearing on this website is the property of Company or its licensors unless otherwise indicated. By accessing and using this website, you agree to abide by U.S. and international copyright law and all other applicable laws. User may access this website and store its content on User’s computer solely for noncommercial, personal, or educational purposes and may not modify, distribute, or transmit such content without Company’s or the appropriate content owner’s prior written permission.
- Any brand, product, and service names and other source designations appearing on this website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Company.
- Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Company, its licensees or any other third party, except as expressly granted herein.
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- 5. Company’s Warranties.
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- The information and content provided by this website is provided on an "as is" basis, with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- References and descriptions of any products or services on this website are provided "as is" without any warranty of any kind, either express or implied.
- The descriptions of, and references to, products, services and companies other than Company on this website are the sole responsibility of the companies providing the information ("advertisers"), and not Company.
- The inclusion on this website of any link to any other websites, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by Company.
- Reasonable efforts are taken to ensure the accuracy and integrity of all information provided on this website, but Company is not responsible for misprints, out-of-date information, or errors. Company makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this website.
- To the maximum extent allowed by applicable law, in no event shall Company and/or any of its affiliates or licensees be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website or its related services, the provision of or failure to provide services, or for any information, software, products, services arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to all Users. If User is not satisfied with any portion of this website and or related services, User’s sole and exclusive remedy is to discontinue use.
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- 6. Miscellaneous.
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- Governing Law: This Agreement shall be deemed to have been made in the State of Tennessee and the validity, construction and legal effect of this Agreement shall be governed by the laws of the State of Tennessee applicable to contracts entered into and wholly performed therein. The venue for any action or proceeding brought by any party against the other shall be in the County of Davidson in said State. In the event of any action, suit or proceeding by either party against the other under this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs of said action, suit or proceeding.
- Entire Agreement: This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. Each of the parties acknowledges and agrees that neither party has made any representations or promises in connection with this Agreement or the subject matter hereof not contained herein.
- Modification/Waiver/Enforceability: This Agreement may not be canceled, altered, modified, amended or waived, in whole or in part, in any way, except by an instrument in writing signed by both parties. Notwithstanding the foregoing, Company shall have the right to modify the terms of this Agreement from time to time, provided that such modified terms shall apply to User’s use of this website and Company’s services only after such modified terms have been posted on this website. If any part of this Agreement shall be held to be void, invalid or unenforceable, it shall not affect the validity of the balance of this Agreement.
- Headings: The headings of the paragraphs hereof are for convenience only and shall not be deemed to limit or in any way affect the scope, meaning or intent of this Agreement or any portion thereof, nor shall they otherwise be given any legal effect.
- Independent Counsel: It is understood and agreed that User is free to utilize separate, independent legal counsel to advise User with respect to the respective rights and obligations of each party under this Agreement, and that any failure by Writer to seek or obtain such legal counsel is Writer’s sole choice.