Songshooter Song of the Day (Jun-Sep '13)

TERMS OF SERVICE
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SONGSHOOTER CORP. ("SONGSHOOTER") STATING THE TERMS THAT GOVERN YOUR USE OF SONGSHOOTER.COM SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SONGSHOOTER'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SONGSHOOTER. BY USING THIS SITE AND ANY AND ALL SUBSIDIARY SITES OF SONGSHOOTER, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SONGSHOOTER MAY REFUSE ACCESS TO SONGSHOOTER.COM AND ITS' OTHER SITES AND/OR AFFILIATES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. You, the person or act submitting music for consideration agree that this is and all other Songshooter related sites, including but not limited to Cliquesound.com, are promotional sites only and that there is no payment due you from Songshooter Corp. for streaming plays or free downloads. Further, any liabilities you incur resultant from any legal actions or otherwise involving the song(s) you submit to the site or elsewhere shall hold Songshooter Corp. harmless in all said actions. Songshooter Corp. is held harmless for any liability involved in any claims against any songs represented by you to be your right legally to use on these sites. By clicking on the box, you represent all songs you submit to be yours legally to submit, and further, you agree and confirm that any and all parts of these songs and productions are completely clear of any kind of claim by any other party and you hereby indemnify Songshooter Corp. of any and all liability and/or claims against the songs used by these sites including, but not limited to, http://www.songshooter.com, and http://www.cliquesound.com, and on all it's modules, widgets, and any other subsidiaries Songshooter Corp. owns, or uses now or at any time in the future. By submitting to Songshooter, you are automatically submitting to all subsidiaries of Songshooter, and you do not need to resubmit to other services.

2. You, the person submitting music for consideration represent that you control all interests in the songs being used legally and have the right to participate in http://www.songshooter.com, and other subsidiaries, and hold Songshooter Corp. harmless should a dispute arise either with you or a third party.

3. For sales on the Songshooter store, you will receive, if you decide to participate:

$.71 cents for a single download of one of your songs.
$7.10 for a full album download of your music.

You agree to pay all writer, publisher, etc. royalties due others and Songshooter Corp. has no financial responsibility to anyone after distributing to you your monies. Songshooter will pay twice a year within 60 days after July 1st and January 1st.

4. Definition of Songshooter.com Services. Songshooter is the provider of Songshooter.com and Cliquesound.com (the "Services") that permits you to download free digital content and purchase digital content, such as sound recordings and music videos under certain terms and conditions as set forth in this Agreement.

5. Age requirements for use of the Services. The Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

6. Policies and Rules. Your use of the Services and transactions made through it are subject to Songshooter's Terms of Sale at http://www.songshooter.com/legal/us/sales, which can be readily viewed on the Services, and any end-user agreements or other terms and conditions required for use of the Services, all of which are hereby made a part of this Agreement. If you have not already read Songshooter's Terms of Sale, you should do so now. Your purchase of software products made through the Services are subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Services and at other points as may be required in the course of using the Services ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Songshooter may terminate your rights to any or all of the Services if any information you provide is false, inaccurate or incomplete. You agree that Songshooter may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

8. Territory. The Services are available to you only in the United States. You agree not to use or attempt to use the Service from outside of the available territory, and that Songshooter may use technologies to verify your compliance.

9. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Services, including but not limited to Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by Songshooter and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Songshooter Content or Other Materials. Notwithstanding any other provision of this Agreement, Songshooter and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Services at any time without notice. In no event will Songshooter be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Songshooter may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Services, including but not limited to, Songshooter.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Songshooter and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Songshooter, the Songshooter logo, and other Songshooter trademarks, service marks, graphics, and logos, including but not limited to Cliquesound.com, used in connection with the Services are trademarks or registered trademarks of Songshooter Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
e. Album Cover Art. As an account holder of the Service in good standing, Songshooter may provide you with limited access to download certain album cover art for music you have purchased and/or downloaded. Such access is provided as an accommodation only, and Songshooter does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Songshooter is not in any way responsible for any such use by you.

10. Disclaimer of Warranties; Liability Limitations.
a. SONGSHOOTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SONGSHOOTER MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY SONGSHOOTER) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SONGSHOOTERS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. SONGSHOOTER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SONGSHOOTER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. SONGSHOOTER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SONGSHOOTER DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR DOWNLOADED FROM SONGSHOOTER.COM THAT ARE STORED IN YOUR SYSTEM.

11. Waiver and Indemnity. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY SONGSHOOTER AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SONGSHOOTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SONGSHOOTER'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

12. Changes. Songshooter reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of Songshooter.com following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

13. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Songshooter or relating in any way to your use of the Service resides in the courts of the State of New York.

14. Miscellaneous. These Terms of Service constitute the entire agreement between you and Songshooter and govern your use of the Services, superseding any prior agreements between you and Songshooter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Songshooter's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Songshooter will not be responsible for failures to fulfill any obligations due to causes beyond its control.