The thesongbirdproject.blogspot.com Web Site (the “Site”) is an online information service provided by The Songbird Project (“thesongbirdproject.blogspot.com”), subject to your acceptance of and compliance with the terms and conditions set forth below. This Agreement is made by and between thesongbirdproject.blogspot.com and you the user (“You”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. thesongbirdproject.blogspot.com RESERVES THE RIGHT TO MODIFY OR REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED OR REVISED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS OR REVISIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED OR REVISED AGREEMENT.
1. Copyright, Licenses, Idea Submissions and Trademarks.
A. The entire contents of the Site are protected by international copyright, trademark and other intellectual property laws. The owners of the copyrights, trademarks, and other intellectual property are thesongbirdproject.blogspot.com, its affiliates or other third party licensors. YOU MAY NOT SELL, LICENSE, COPY, MODIFY, REPRODUCE, REPUBLISH, UPLOAD, POST, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS FROM, OR PUBLICLY DISPLAY OR PERFORM, IN ANY MANNER AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, COMPUTER CODE AND/OR SOFTWARE, WITHOUT THE PRIOR WRITTEN CONSENT OF thesongbirdproject.blogspot.com. You may print and download portions of material from the Site solely for your own personal and non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Although thesongbirdproject.blogspot.com does not tolerate users who illegally post or upload copyrighted material and makes efforts to remove such material when notified, the Site is unable to make any representations as to whether the material at any given time has been uploaded in violation of copyright law. The user assumes all risks and damages to the copyright owner if the user prints, uses or downloads any copyrighted material from the Site. thesongbirdproject.blogspot.com reserves the right to investigate suspected violations of this Agreement, and reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing thesongbirdproject.blogspot.com to disclose the identity of anyone performing any conduct that are believed to be in violation of this Agreement.
B. By submitting, posting or displaying any content on or through the Site, you agree to grant to thesongbirdproject.blogspot.com a non-exclusive, royalty-free, irrevocable, worldwide, perpetual license, with the right to sub-license, use, reproduce, republish, distribute, transmit, create derivative works from, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit, post, or display to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to thesongbirdproject.blogspot.com by all means and in all media now known or hereafter developed. You also grant to thesongbirdproject.blogspot.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, promotional material or products related thereto. You agree that you shall have no recourse against thesongbirdproject.blogspot.com for any alleged or actual infringement or misappropriation of any right in proprietary information or in any intellectual property in which you have an interest in your communications to thesongbirdproject.blogspot.com. You agree not to post, display, upload or hyperlink to any idea, lyric, file or song that is protected intellectual property of which you are not the owner. You acknowledge that thesongbirdproject.blogspot.com will not be bound to treat any of your submissions, postings, or displays as confidential.
C. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of thesongbirdproject.blogspot.com. Other product and company names mentioned in the Site may be the trademarks or service marks of their respective owners.
2. Use of the Site.
A. You understand that, except for information, products or services clearly identified as being supplied by thesongbirdproject.blogspot.com, thesongbirdproject.blogspot.com does not operate, control, endorse or accept any information, products or services on the Internet in any way. Except for thesongbirdproject.blogspot.com-identified information, all information, products and services offered through the Site or on the Internet generally are offered by third parties who are not affiliated with thesongbirdproject.blogspot.com. You also understand that thesongbirdproject.blogspot.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or any other computer code that may cause damage to any computer software, hardware or networks. You are responsible for implementing sufficient procedures and checkpoints, external to this Site, to satisfy your particular requirements for computer and Internet security, accuracy of data input and output, and reconstruction of any lost data.
B. thesongbirdproject.blogspot.com makes no representations whatsoever about any other web site which you may access or use through this one or which may hyperlink to this Site. When you access or use a third party web site, you understand that it is independent from thesongbirdproject.blogspot.com, and that thesongbirdproject.blogspot.com has no control over the content on that web site. In addition, a hyperlink from thesongbirdproject.blogspot.com to another website does not mean that thesongbirdproject.blogspot.com operates, controls, endorses or accepts any responsibility for the content, or the use, of such web site.
C. You may use thesongbirdproject.blogspot.com only for purposes permitted by this Agreement. You may not use the Site for any unlawful purpose, including but not limited to the submission, posting or display of obscene, threatening, abusive, harassing or offensive content. You agree that you will not use thesongbirdproject.blogspot.com in any manner that could in any way damage, disable, or overburden the Site or otherwise interfere with any other party’s access to or use of the Site.
D. thesongbirdproject.blogspot.com reserves the right to monitor access to and use of the site for compliance with this Agreement, and to terminate your access to any or all of the Site at any time without notice for any lawful reason whatsoever.
You agree to indemnify, defend and hold harmless thesongbirdproject.blogspot.com, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the Site from and against all claims, liabilities, losses, expenses, damages, debt and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing or using the Site. You agree not to post any idea or lyric, or upload any file or song, that is protected intellectual property of which you are not the owner. You represent and warrant that you own and/or have the right to use and permit thesongbirdproject.blogspot.com to use any content that you submit, post or display through the Site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), 3 (Indemnification) and 7 (Limitation of Liability) are for the benefit of thesongbirdproject.blogspot.com and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, Idea Submissions and Trademarks), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights), 6 (Disclaimer of Warranties), 7 (Limitation of Liability) and 8 (Miscellaneous) shall survive any termination of this Agreement and your use of the Site. If any provision of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will in no way affect the validity and enforceability of any remaining provisions.
6. Disclaimer of Warranties.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SITE AND THE INTERNET. thesongbirdproject.blogspot.com PROVIDES THE SITE AND RELATED INFORMATION “AS-IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND thesongbirdproject.blogspot.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YOU UNDERSTAND FURTHER THAT THE INTERNET GENERALLY CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT, HARMFUL OR OFFENSIVE TO YOU. YOU ACCESS AND USE SUCH MATERIALS AT YOUR OWN RISK. thesongbirdproject.blogspot.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, POLICIES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. thesongbirdproject.blogspot.com DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
7. Limitation of Liability.
IN NO EVENT WILL thesongbirdproject.blogspot.com BE LIABLE FOR (I) ANY ACTUAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, DIRECT, INDIRECT, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF thesongbirdproject.blogspot.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, thesongbirdproject.blogspot.com’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This Agreement shall be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between you and thesongbirdproject.blogspot.com for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred. thesongbirdproject.blogspot.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. thesongbirdproject.blogspot.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved. This Agreement constitutes the entire agreement between you and thesongbirdproject.blogspot.com, and thus supersedes any previous or contemporaneous agreement or communications in oral or written form between you and thesongbirdproject.blogspot.com.
COPYRIGHT NOTICE. © 1999-2011 PriorityDigital.com. Prepared for: thesongbirdproject.blogspot.com. All rights reserved.
Last revised: February 2011