Acceptance of Terms
General Terms and Intellectual Property
The names and marks, The ASCAP Foundation and Where Music Grows, and their attendant logos and taglines, are trademarks and servicemarks of The ASCAP Foundation and may not be used or reproduced without prior written consent from The ASCAP Foundation.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software, services and written and other materials that are part of this web site (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to The ASCAP Foundation. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of The ASCAP Foundation. No part of the site, including logos, graphics, sounds, images, layout or design may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of The ASCAP Foundation. You also may not, without The ASCAP Foundation's prior express written permission, "mirror" any Material contained on this site on any other server. Any use of these Materials on any other web site or networked computer environment for any purpose is prohibited.
Except as stated with regard to hyperlinking, below, nothing on this site shall be construed as conferring any license under any of The ASCAP Foundation's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download the Materials on this site provided that: (1) both the copyright notice which appears on this site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or service or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission specifically and expressly prohibits the downloading of any databases made available on this Site as information resources. This permission terminates automatically without notice if you breach any of this site's terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Documents specified above do not include the design or layout of this Site or elements protected by United States or International law which may not be copied or imitated in whole or in part.
Any unauthorized use of any Materials contained on this site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any use of the information contained on this web site in any manner to express or imply endorsement, sponsorship, affiliation or association of the user with, or by, The ASCAP Foundation is strictly prohibited without prior written consent from The ASCAP Foundation.
This web site may include links to web sites operated by external parties that are not under the control of The ASCAP Foundation. Such links are provided solely for user convenience and do not represent an endorsement of any other web site by The ASCAP Foundation. All use of, or reliance on, such external web sites, products or services is at user's own risk. ASCAP makes no representations of any kind regarding the content or appropriateness of content on such sites, The ASCAP Foundation is not responsible for any content, advertising, products or services made available on or through such web sites and you hereby irrevocably waive any claim against The ASCAP Foundation with respect to such sites. When you access a third-party web site from this site, you leave this site and you do so at your own risk. The ASCAP Foundation is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these other web sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The ASCAP Foundation's webmaster (firstname.lastname@example.org) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this site so that it can be determined whether any action should or can be taken from this site which might respond to your complaint or concern.
You may provide a hypertext link to The ASCAP Foundation web site from another web site as long as you agree to the link conditions described below. By providing a hypertext link to The ASCAP Foundation web site, you agree to the following link conditions.
- If you provide a hypertext link to The ASCAP Foundation web site, The ASCAP Foundation grants you a limited, non-exclusive, non-transferable, royalty-free license to use The ASCAP Foundation service mark and Internet icon(s) (the "Licensed Marks"), if available, solely for the purpose of serving as a link from your web site to The ASCAP Foundation web site. Except for the limited license to use the Licensed Marks herein granted, you may not use any of The ASCAP Foundation's trademarks or service marks (the "Marks") for any reason without The ASCAP Foundation's prior written permission.
- You acknowledge that all rights to the Marks, the content appearing on this web site, and the look and feel of this web site belong to The ASCAP Foundation. You will not at any time directly or indirectly contest or infringe these rights.
- The ASCAP Foundation reserves the right to revoke its consent to the link at any time in its sole discretion.
- Your link must be a text-only link clearly marked “The ASCAP Foundation TM”.
- Your link must point to "http://www.ascapfoundation.org" and not to other pages within the web site.
- You may not replicate The ASCAP Foundation web site's content.
- Your web site should not (1) create frames, borders or browsers around The ASCAP Foundation web site; (2) use any techniques that alter the visual presentation of The ASCAP Foundation web site, or (3) create an impression that any web page or content of The ASCAP Foundation web site is a part of, or associated with, your or another web site.
- Your web site should not imply that The ASCAP Foundation endorses you or your products or services.
- Your web site should not imply an affiliation between you or your company and The ASCAP Foundation without the prior written consent of The ASCAP Foundation.
- Your web site should not imply that The ASCAP Foundation is endorsing it, its products, or any political, social or commercial position or statement.
- Your web site should not present false information about The ASCAP Foundation, its services or activities.
- Your web site may not infringe any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks, violating any law or advocating illegal activity.
- Your web site should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
By using this web site:
- You acknowledge that the information on this web site is provided "as is" for general information only. The ASCAP Foundation makes no warranties of any kind regarding this web site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
- You agree that you will hold harmless The ASCAP Foundation and its officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this web site or the information contained in this web site or other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed, or downloaded from this web site or another web site to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will The ASCAP Foundation or the contributors of information to this web site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
- You acknowledge that opinions and recommendations contained in this web site are not necessarily those of The ASCAP Foundation or endorsed by The ASCAP Foundation.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by The ASCAP Foundation from its offices within the County, City and State of New York, United States of America. By accessing this site, you and The ASCAP Foundation agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and The ASCAP Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commercial Part of the Supreme Court of New York County and the United States District Court for the Southern District of New York with respect to such matters. The ASCAP Foundation makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where this site's contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.