Songwriters
Directory

 

Legal Notices

USER AGREEMENT

   (Standard "legalese" which, in plain language, basically states that users of this Website are responsible for themselves and what they do with the information published on this site, and that member songwriters have given us permission to display their materials.) 

Songwriters Directory™ is owned and operated by Hit Song Maker Music Company, which is the music division of Master Ceramist™, Inc., a North Carolina corporation with its principal office at 600 S. Holly Street, Hammond, LA, 70403. We request that all visitors ("users") to our site(s) on the World Wide Web (the "Site") read and adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions. For details regarding paid memberships on the Site please read the Membership Agreement.

1. User access to and use of the Site is subject to all applicable federal, state and local laws and regulations.

2. The Songwriters Directory is owned and operated by Hit Song Maker, which is the music division of Master Ceramist, Inc. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Hit Song Maker or Master Ceramist, Inc. Users are prohibited from using any Marks without permission. Content on the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on the Site for commercial or public purposes without the consent of Hit Song Maker.

3. ALL INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. Hit Song Maker does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site. Other than as required under consumer protection law, under no circumstance will Hit Song Maker be liable for any loss or damage caused by a user's reliance on information obtained through the Site.

4. Hit Song Maker specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, even if Hit Song Maker has been advised of the possibility of such damages, including liability associated with any viruses which may infect a user's computer equipment.

5. POSTINGS- Postings by a user on any message board will not be protected as confidential. Hit Song Maker is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Hit Song Maker may monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain any unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, messages that offer unauthorized downloads of any copyrighted or private information; and multiple messages placed by the same user restating the same message or information.

6. LINKED INTERNET SITES- Hit Song Maker is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.

7. Hit Song Maker reserves the right to revise the user agreement at any time and users are deemed to be apprised of and bound by any changes to the user agreement.

8. Hit Song Maker reserves the right to seek all remedies available at law and in equity for violations of the user agreement, including the right to block access from a particular Internet address to the Site.

9. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

10. Copyright notice: All materials on SongwritersDirectory.Com are protected by copyright law and by international treaties. You may download this material and make a reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorized by the appropriate copyright owner(s).

MEMBERSHIP AGREEMENT 

   (Standard "legalese" which, in plain language, basically states that users of this Website are responsible for themselves and what they do with the information published on this site, and that member songwriters have given us permission to display their materials.) 

Songwriters Directory™ is owned and operated by Hit Song Maker Music Company, which is the music division of Master Ceramist™, Inc., a North Carolina corporation with its principal office at 600 S. Holly Street, Hammond, LA, 70403. Participation in the Songwriters Directory does not specify or imply an endorsement. 

DEFINITIONS: The terms "YOU", "YOUR", "YOURS", "SONGWRITER", "SONGWRITER'S", or "SONGWRITER'S REPRESENTATIVE" may be used interchangeably.  The terms "WE", "US", "OURS", "OUR SITE", "THE SITE", "HIT SONG MAKER", "SONGWRITERS DIRECTORY", "MASTER CERAMIST INC." may be used interchangeably. 

BY SUBMITTING YOUR SIGN-UP FORM, YOU (THE "SONGWRITER" or "SONGWRITER'S REPRESENTATIVE") ARE EXPRESSLY AGREEING TO THE FOLLOWING TERMS AND CONDITIONS THAT CONSTITUTE THE SONGWRITER’S AGREEMENT WITH HIT SONG MAKER:

1. Upon the Songwriter’s furnishing of a completed membership SIGN-UP Form, and necessary materials, Hit Song Maker agrees to host on the Songwriters Directory web site those song and web site links, visual and textual materials, and contact information that the Songwriter has described and submitted on the SIGN-UP Form.  The Songwriter is responsible for the accuracy of the information provided, including but not limited to the information pertaining to website links, URLs, website addresses,  and location of songs or song files for song links or song page links. You acknowledge that we will not be able to link to songs that are on websites or web pages that prohibit or prevent a direct link from our website, and that, in such cases, this does not constitute a failure on our part to provide the services that we have agreed to provide. 

2. By submitting materials to us, the Songwriter hereby grants to Hit Song Maker, its successors, assigns, agents, distributors and licensees, and its affiliated companies a non-exclusive, worldwide, royalty-free license to display, reproduce, exhibit, publicly perform, broadcast, transmit, distribute through electronic means, electronically publish, the submitted materials and materials linked to by links or web addresses provided by the Songwriter, to use the materials for advertising and promotional purposes, to use all trademarks and trade names associated with the materials, and to make reasonable modifications to the submitted materials.  In order to enhance the appearance of the Songwriter's Artist page, we may copy graphic images from the Songwriter's other web pages (if applicable) and paste them on the Songwriter's Artist page.  In such cases the Songwriter will be notified by email, and if the Songwriter does not notify us that this is not permitted, we will assume that the copied materials are controlled by the Songwriter and we do have permission to use them as though they were submitted materials.  This license will continue in perpetuity, unless either party terminates it by giving the other party 30 days' prior written notice. Upon termination, the Songwriters materials will be deleted.  You will retain all intellectual property rights you may have on submitted materials.   Subject to those rights, Hit Song Maker will be the exclusive owner of any permitted modifications that it may create.  

3.  The term of this Membership Agreement (the "Membership Term") will commence once you click on the "I AGREE/SUBMIT" button on the  SONGWRITER SIGNUP PAGE (http://www.songwritersdirectory.com/signup.cfm) and continue until either the website ceases to exist or the Songwriter wishes to cancel his/her membership.  If the Songwriter or Songwriter's Representative wishes to terminate the membership, he or she may type "CANCEL" in the subject line of an email message and send the e-mail message including name and mailing address at any time indicating the desire to cancel the membership.  The One-time Setup Fee is non-refundable with the exception of if such Termination notice is received within 30 days of Hit Song Maker receiving the Artist's materials.  In such a case the One-time Setup Fee will be refunded in full.  After 30 days the One-time Setup Fee will be non-refundable.   The Songwriter's LISTING and ARTIST'S PAGE will be deleted from the Website within 30 days.  For the avoidance of doubt, the rights granted herein and the warranties and indemnification given by the Songwriter to Hit Song Maker shall survive the expiration or termination of the Membership Term. The term of this Agreement will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, by giving us written notice of such termination, provided that we receive such written notice at least thirty (30) days prior to the effective date of such termination. Hit Song Maker may terminate this Agreement at any time, with or without cause, by giving you written notice of such termination, which may be effective immediately.  Hit Song Maker may terminate this agreement at any time without notice.

4. To participate in the Songwriters Directory ("SWD") web site as a SWD Member with SONG LINKS, you (the "Songwriter") may submit links ONLY to original music that you own or control, and that contains no unlicensed "samples", or indecent or obscene materials. By submitting materials, you warrant that you have full authority to grant the licenses described above and that Hit Song Maker’s and its affiliated companies' exercising of their license rights will not violate any proprietary right of any third party. You agree to indemnify, defend, and hold harmless Hit Song Maker and its affiliated companies from all claims, judgments, damages, and expenses (including reasonable attorneys' fees) that may arise out of any alleged breach of this warranty.

5. Hit Song Maker expressly reserves the right to modify or edit the Materials to conform to Hit Song Maker's technical requirements. Hit Song Maker also reserves the right to reject any Membership Agreement and refund any fees if, in Hit Song Maker's sole and unrestricted judgment, Hit Song Maker finds there is a breach or threatened breach of any of the warranties made by the Songwriter. The Songwriter hereby waives any claims they may have against Hit Song Maker in connection with any inadvertent errors or omissions in the Materials as posted by Hit Song Maker. Hit Song Maker will not be obligated to return any of the Materials to the Songwriter. In this connection, the Songwriter understands that he or she should keep copies of all Materials and should not send to Hit Song Maker the original master copy of any of the Materials.

6. The Songwriter warrants that: (a) The Songwriter is eighteen (18) years old or older and under no disability, restriction or prohibition with respect to his/her/their right to execute and enter into this Agreement; (b) The Songwriter is the exclusive owner of all of the Materials or has the authority to grant all of the rights to the Materials as set forth herein; (c) all information contained on the Membership SIGN-UP Form or otherwise submitted as part of this Membership Agreement is accurate and truthful; (d) all sound recordings and/or sound recordings linked to by hyperlinks submitted as part of the Materials contain the Songwriter's original performances or material and does not use or include any portion of any musical composition or sound recording that is not owned or controlled by the Songwriter (i.e., there are no unlicensed "samples" contained in the musical work); and (e) the Materials submitted to Hit Song Maker and the use thereof on the Songwriters Directory web site or otherwise as provided herein will not violate any law, or violate or infringe upon the rights of any other party, including, without limitation, contractual rights, intellectual property rights, publicity and privacy rights and the rights against libel, defamation and slander, and no part of the Materials is indecent or obscene.

7. The Songwriter agrees to indemnify and hold Hit Song Maker, its successors, assigns, agents, distributors, licensors and licensees, from any claim, demand, liability, cost and expense (including reasonable attorney's fees) that arise out of, result from or is inconsistent with any warranty made by the Songwriter in this Membership Agreement.

8. IN NO EVENT WILL HIT SONG MAKER (i.e. Master Ceramist, Inc.) BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES. HIT SONG MAKER'S LIABILITY IN ANY EVENT IS EXPRESSLY LIMITED TO THE FEES PAID BY THE SONGWRITER UNDER THIS AGREEMENT. WITHOUT LIMITATION OF THE FOREGOING IT IS AGREED THAT HIT SONG MAKER WILL HAVE NO LIABILITY WHATSOEVER FOR FURNISHING TO THE SONGWRITER A LINK BETWEEN THE SONGWRITERS DIRECTORY WEB SITE AND THE SONGWRITER'S WEB SITE, IF ANY.

9. The Songwriter and Hit Song Maker are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and Hit Song Maker.

10. This Membership Agreement contains the entire agreement between Hit Song Maker and the Songwriter related to Hit Song Maker's provision of the on-line services described herein.

11. This Agreement supercedes and replaces any prior agreement between the parties. Hit Song Maker may amend any of the terms and conditions contained in this Agreement at any time and solely at our discretion. Any changes will be effective upon posting of the revisions on our Web site. All notice of changes to this Agreement will be posted on the Songwriters Directory Web site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. YOUR CONTINUED MEMBERSHIP AFTER Hit Song Maker’s POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT.

12. PRIVACY POLICY- Hit Song Maker respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of the Songwriter or the Songwriter’s representative.

13. This Agreement will be governed by the laws of the United States of America and the state of Louisiana or North Carolina, without reference to rules governing choice of laws.

14. Hit Song Maker (i.e. Master Ceramist, Inc.) makes no express or implied warranties or representations with respect to the operation of the Songwriters Directory Web site. You, the Songwriter, acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as specifically set forth in this agreement.

15.  Prices are subject to change without notice.

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