Enter to win a Regions Green Cruiser Bike brought to you by presenting partner Regions Bank**
**NO PURCHASE OR BANKING RELATIONSHIP NECESSARY. The Sweepstakes registration period begins on February 1st, 2020 and ends at 11:59:59 PM (CT) on March 28, 2020 (the “Sweepstakes Registration Period”). Void where prohibited. Sweepstakes is open only to legal residents of the 50 United States (DC) 18 years of age and older. One (1) Sweepstakes prize awarded consisting of one (1) Regions green cruiser bicycle (ARV: $150). See Official Rules for complete details, including odds. Sponsor: Regions Bank.
2020 REGIONS BANK TIN PAN SOUTH SONGWRITERS FESTIVAL SWEEPSTAKES
OFFICIAL RULES
- NO PURCHASE, PAYMENT OF ANY KIND OR BANKING RELATIONSHIP IS REQUIRED TO ENTER OR WIN THIS SWEEPSTAKES, AND ATTENDANCE AT THE TIN PAN SOUTH SONGWRITERS FESTIVAL IS NOT REQUIRED. PURCHASE, BANKING RELATIONSHIP AND/OR ATTENDANCE AT THE FESTIVAL WILL NOT INCREASE CHANCES OF WINNING. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- SWEEPSTAKES SPONSOR; ADMINISTRATOR. The 2020 Regions Bank Tin Pan South Songwriters Festival Sweepstakes (the “Sweepstakes”) is sponsored by: Regions Bank, 1900 Fifth Ave. N., Birmingham, AL 35203 (“Sponsor”). The 2020 Tin Pan South Songwriters Festival (the “Festival”) and the Festival mobile application (the “Festival App”) are administered by: Nashville Songwriters Association International, 1710 Roy Acuff Place, Nashville, TN 37203 (“Administrator”).
- ELIGIBILITY. The Sweepstakes is open only to (a) legal U.S. residents of the 50 states of the United States and the District of Columbia, (b) who at time of registration are at least eighteen (18) years of age, and (c) who have downloaded the Festival App and registered for the Sweepstakes (using the Festival App) by 11:59:59 PM Central Time “(CT)” on March 28, 2020. Officers, directors, and employees (collectively, “employees”) of Sponsor, Administrator, the Tin Pan South Songwriters Festival, and their parents, subsidiaries, affiliated companies, suppliers, agents, advertising and promotional agencies, those involved in the execution and administration of the Sweepstakes and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of such employees, and all those with whom such employees are domiciled, are not eligible to enter or win.
- SWEEPSTAKES REGISTRATION AND REGISTRATION PERIOD.
(A) How to Register for the Sweepstakes. The Sweepstakes registration period begins on February 1, 2020 and ends at 11:59:59 PM (CT) on March 28, 2020 (the “Sweepstakes Registration Period”). Sponsor’s/Administrator’s clock is the official time-keeping device for this Sweepstakes.
To register for the Sweepstakes, first download the 2020 Festival App on a compatible smartphone or other mobile device and create a user profile on the Festival App. Then, during the Sweepstakes Registration Period and while logged into the Festival App, visit the “Enter Sweepstakes” tab on the Festival App menu and complete the Sweepstakes registration by entering the required information and acknowledging that you consent to these Official Rules.
There is no cost for (i) downloading the Festival App (which is available for free download through the application store on your mobile device), or (ii) registering for the Sweepstakes through the Festival App. However, message and data rates may apply to access/use the Festival App via your wireless device. Please consult your wireless-service provider regarding its pricing plans. Also, wireless service is not available in all areas.
(B) General Sweepstakes Registration/Entry Requirements. All Sweepstakes registrations must be received by 11:59:59 PM (CT) on March 28, 2020 in order to be eligible to participate in the Sweepstakes. Limit: One (1) Sweepstakes registration/entry per person. Multiple registrants are not permitted to share the same email address. Any attempt by any registrant to obtain more than the permitted number of registrations/entries in the Sweepstakes by using multiple/different email addresses, identities, registrations, or any other methods will void that registrant’s entry and that Sweepstakes registrant will be disqualified. No automatic, programmed, robotic or similar means of registration are permitted and will result in disqualification.
The submission of a Sweepstakes registration/entry is solely the responsibility of the registrant, and all data, Internet access and usage charges are the responsibility of the registrant. If you use your mobile device to log in to the Festival App, you will be charged according to your wireless service provider’s standard data rates. Check with your wireless service provider for details on data rates and other applicable charges.
In the event of a dispute as to any Sweepstakes registration/entry, the authorized account holder of the email address used to register will be deemed to be the Sweepstakes entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Sweepstakes winner(s) may be required to provide Sponsor with proof that potential winner is the authorized account holder for the email address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
Once submitted, registrations/entries become the exclusive property of Sponsor and will not be returned. Information collected in connection with the Festival App is subject to the Festival App’s privacy policy (http://www.aloompa.com/privacy-policy). Information collected in connection with the Sweepstakes is subject to Sponsor’s privacy policy (http://www.regions.com/about_regions/privacy_pledge.rf) and with any consent given by a registrant at the time of registration. Please note that you may not be sent confirmation of receipt of a registration/entry; in the event that your registration is acknowledged in any way following submission, such acknowledgement does not constitute any representation by Sponsor as to the eligibility of your Sweepstakes registration/entry. Any automated computer receipt (such as a confirmation email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. Any illegible, unintelligible, incomplete, or garbled registrations/entries are not permitted and may be disqualified. By registering/entering, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Any registrations/entries not in conformance with these Official Rules will be disqualified. For a copy of these Official Rules, please print them using the link to the Tin Pan South website (http://tinpansouth.com) found on the Festival App.
- SWEEPSTAKES DRAWING; ODDS OF WINNING PRIZE. Sponsor will select winner in a random drawing held on or about April 1, 2020. The odds of winning the Sweepstakes depend on the number of eligible entries received. Limit one (1) prize per person. Potential winner must comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Potential prize winner will be notified by email, telephone, or other means of contact available from registration. Potential winner must comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winner may be required to sign and return an Affidavit of Eligibility and Release (an “Affidavit”) within 14 days of notification/verification in order to receive the prize. (If potential winner is under the age of majority in their state of legal residence, the Affidavit must be executed on potential winner’s behalf by a parent or legal guardian).
In the event: (a) a potential winner cannot be reached by Sponsor within 48 hours from first prize notification after a reasonable effort has been exerted based on the information submitted by potential winner; (b) of noncompliance with the above or within any of the aforesaid time periods; (c) potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; (d) potential winner cannot or does not comply with the Official Rules; (e) potential winner’s prize notification or Affidavit is returned as undeliverable for whatever reason; or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner may be disqualified from the Sweepstakes in the sole discretion of Sponsor, and (time permitting) Sponsor may select and award the prize to an alternate potential winner by a random drawing from among the other eligible entries received. Unclaimed prizes may not be awarded, and upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant.
- SWEEPSTAKES PRIZE. Sponsor will award one (1) Sweepstakes prize. Sweepstakes prize consists of one (1) green beach cruiser bicycle, custom-made for Regions Bank (approximate retail value: $150).
Sweepstakes prize (and any portion thereof) is non-transferable. Unless otherwise specifically provided for herein, all taxes or expenses, including, without limitation, sales tax, luxury tax and any other costs incurred in claiming or using any Sweepstakes prize, are the sole responsibility of the prize winner. No Sweepstakes prize substitution or cash equivalent of prize, except at Sponsor’s sole discretion, and then only for a prize of equal or greater value. Any difference between the actual value of any Sweepstakes prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded.
- GENERAL. This Sweepstakes is subject to all federal, state, and local laws and regulations, and is void where otherwise prohibited. By participating, registrant agrees and specifically consents: (i) to be contacted by Sponsor by email or other means of contact available from entrant’s registration; and (ii) that, if registrant is a prize winner, Sponsor (and its authorized agents) may use winner’s name, voice, likeness, image, statements, biographical data, address (city and state/province only) and prize information, in any and all media now existing or hereafter devised for promotion, advertising, trade or any other purpose whatsoever, in perpetuity, without attribution, notification, compensation or consents (except where prohibited by law), and registrant hereby releases Sponsor, Administrator, the Tin Pan South Songwriters Festival, and their parent companies, subsidiaries, affiliated entities, shareholders, members, managers, officers, printers, distributors, agents and advertising agencies, and their employees, agents, representatives and consultants (the “Released Parties”) from any liability with respect thereto.
Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify from this or any sweepstakes or promotion it sponsors, now or in the future, any person it finds, in its sole discretion, has (i) violated these Official Rules, (ii) entered the Sweepstakes more than the permitted number of times through the use of multiple email addresses, identities or any other device or means, (iii) tampered with the registration/entry process, the operation of the Sweepstakes, the Festival App, or any other aspect of this Sweepstakes, or (iv) used immoral, obscene, profane, inappropriate, disparaging, libelous, defamatory or offensive language or words on the Festival App or related Internet/social media pages.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Sweepstakes in the event that human or technical error occurs in the administration of this Sweepstakes, or other errors, printing errors, tampering, fraud, unauthorized intervention, technical failure, legal matters or other causes beyond Sponsor’s control, corrupt, impair or prohibit the administration, security, fairness, proper play or completion of the Sweepstakes. In the event the Sweepstakes or any portion of the Sweepstakes is canceled, suspended or discontinued for any reason, Sponsor reserves the right to award Sweepstakes prizes in a random drawing from all eligible entries received prior to the date of cancellation or suspension. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded.
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prizes to entrants, with regard to: (i) Sweepstakes registrations/entries that contain inaccurate information or do not comply with or violate these Official Rules; (ii) Sweepstakes registrations/entries, prize claims or notifications that are lost, late, unintelligible, damaged, delayed, destroyed, misdirected, garbled, incomplete, illegible or are otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, Sweepstakes registrations/entries, or any incorrect or inaccurate transcription of related information; (iv) registrants or other persons who have committed fraud or deception in entering or participating in the Sweepstakes or in claiming any prize; (v) any problems or technical malfunctions of the Sweepstakes, the Festival App, any telephone or communications network or lines, wireless provider network, Wi-Fi network, computer on-line systems, servers or providers, computer equipment, software, or traffic congestion on the internet or on the Festival App, related social media pages or any website, or any combination thereof, including the inability to access the Festival App or any injury or damage to registrant’s or any other person’s computer or wireless device related to or resulting from participation or downloading any materials related to this Sweepstakes; (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from registrant’s/entrant’s or other person’s participation in the Sweepstakes, or receipt, redemption, or use or misuse of any prize; (vii) any inability of a potential winner to accept a prize for any reason; (viii) the inability to award all or any part of a prize due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (ix) whether the Festival takes place, and whether the Festival is postponed or canceled.
By participating in this Sweepstakes, registrant releases the Released Parties from any and all liability for any accident, loss, tax liability, damage of any kind, injury or death arising from registrant’s participation in this Sweepstakes, or resulting from acceptance, possession, use or misuse of any prize, or from traveling to and/or from a location as part of or to obtain or use a prize. Without limiting the foregoing, all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Registrants expressly waive the provisions of California Civil Code Section 1542 and of any law, regulation or provision of any code of civil procedure of any other jurisdiction which is similar, comparable or equivalent to California Civil Code 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- DISPUTE RESOLUTION. Except where prohibited, by participating, participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prize awarded, or the determination of the winner(s), shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in/for Birmingham, Alabama; participant submits to sole and exclusive personal jurisdiction to said courts in the State of Alabama for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. (NOTE: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.) Any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Alabama, without giving effect to any choice of law or conflict of law provisions.
- Warning. Any attempt by a REGISTRANT or any other person to deliberately DAMAGE the Festival App or undermine the legitimate operation of this SWEEPSTAKES may be a violation of criminal and civil laws, and should such an attempt be made, SPONSOR reserves the right to seek remedies and damages (including attorneys’ fees) from any such REGISTRANT or OTHER person to the fullest extent permitted by law, including seeking criminal prosecution.
- WINNERS LIST. To receive a list of Sweepstakes winners, send a stamped, self-addressed envelope to: 2020 Regions Bank Tin Pan South Songwriters Festival Sweepstakes Winners List, NSAI, 1710 Roy Acuff Place, Nashville, TN 37203, by September 1, 2020.
WEBSITE TERMS OF USE (the “Terms of Use”)
This website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following Terms of Use. Your use of this website and the Services (defined below) demonstrate agreement to the Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
You will see that we have included short summaries at the start of certain sections. These are no substitute for reading the terms in their entirety. They are there for convenience only and have no legal or contractual effect.
NOTE: NSAI receives inquiries from time-to-time about the language below asking if this means we own your songs or any royalties they may ever generate. ABSOLUTELY NOT!!! NSAI only helps you promote your songs with your permission through services such as our Pitch-to-Publisher luncheon, TOP 40 Song Page, etc. In most of those instances, you will receive a separate communication from us about those uses. NSAI was founded to protect your songs (and the royalties stemming therefrom) and promote the profession of songwriting.
- Ownership, Operationand Agreement to be bound by these Terms of Use
This website belongs to the Nashville Songwriters Association International (“Nashville Songwriters”, “we”, “us” and “our”). Your use of this website and any applications, software, data, products, competitions, prize draws, and any other services provided to you on, or from, or through the website by Nashville Songwriters (collectively called the “Services”), is subject to the terms of a legal agreement between you and Nashville Songwriters. This legal agreement is made up of these Terms of Use (including applicable Additional Terms) together with the Nashville Songwriters.com Privacy Policy (the “Privacy Policy”).
To the extent of any conflict between the Terms of Use and the Privacy Policy regarding the subject matter addressed in these Terms of Use, the Terms of Use shall prevail. You agree that we may change or revise these Terms of Use from time to time by updating this posting, and that such changes or revision will take effect immediately upon our posting. Visit this area each time you visit the website to keep up to date with the current Terms of Use. Your use of the website reaffirms your continuing agreement to the then-current Terms of Use.
You may not use the website and may not accept the Terms of Use if (a) you are under 13 years of age, or (b) you are barred or otherwise legally prohibited from using or accessing the website under the laws of the country in which you are resident. If you are over the age of 13 but under 18, you should review these Terms of Use with your parent or guardian to make sure that you both understand and agree to them.
Access to certain parts of the website and/or specific Services may be limited to (i) users aged 18 and over; and/or (ii) members of Nashville Songwriters. See the section entitled MembershipRegistrationbelow. In each case, we will clearly identify those parts of the website or those Services where access is limited and the applicable terms of use.
Access to the website is permitted on a temporary basis, and Nashville Songwriters reserves the right in its sole discretion to modify or discontinue the website or specific portions of it without notice to you. We will not be liable if for any reason our site is unavailable at any time or for any period.
Subject to applicable law, we reserve the right to suspend or terminate access to the website and/or the Services without notice, liability or responsibility for failure to comply with the Terms of Use or the Privacy Policy, for infringing copyright or any other intellectual property right, or for any other reason (including repeat minor offenses). The decision to terminate an individual’s access to the website or the Services shall be final and binding.
You must not copy, monitor or access any part of the website using an automated mechanism or process such as a robot or spider. You must not attempt to gain unauthorized access to any part of the website by hacking or any other similar means. You must not use the site for an unlawful purpose or unlawful purposes.
In order to access certain portions of the site, you will need to become a member of Nashville Songwriters, either through the process available on the site or directly with Nashville Songwriters. In connection with such process,, Nashville Songwriters will ask you to provide information which is personal to you, such as your name, address, email address, mobile telephone number, date of birth and/or gender etc. The information you provide must be genuine and you must not impersonate another person.
As part of the membership registration process, you may be asked to select a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure. If you become aware of any breach of security or unauthorized use of your username or password, you must notify Nashville Songwriters immediately by sending an email to jennifer@nashvillesongwriters.com.
You agree to provide accurate and complete information when registering and using the website and the Services, and you agree to keep your information up to date.
Nashville Songwriters takes your privacy very seriously and will use and protect any personal information you provide on this website in accordance with our Privacy Policy. By using the Services you agree that we can use the personal information you provide in accordance with the aforementioned Privacy Policy.
With the exception of User Submissions, Nashville Songwriters owns the intellectual property rights for all of the materials on the website or has a valid right from a third party to use materials on the website. Nashville Songwriters also owns or has a valid right to use all trademarks, service marks, graphics and logos used on this website. Unless expressly stated, no part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any modification of the materials or use of the materials for any other purpose is a violationof Nashville Songwriters’ intellectual property rights and proprietary rights. The use of any such material(s) on any other website or computer network without Nashville Songwriters’ written consent is strictly prohibited. Your use of the trademarks, service marks, graphics and logos on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by Nashville Songwriters, is strictly prohibited.
If you download or otherwise use certain software, features or other digital content, including apps, from this website (“Products”), the Products, and all files, images and data relating thereto, will be licensed to you by Nashville Songwriters under applicable terms and conditions, which may be presented to you separately at the time of download or prior to use of such Products (“Additional Terms”). You agree and acknowledge that you do not own the downloaded Products, and that Nashville Songwriters does not transfer ownership of the Products to you. Nashville Songwriters retains full ownership of and title to the downloaded Products and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Products to a human-readable form. You (and not Nashville Songwriters) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, harmful components, errors or any other problems whatsoever you may have as a result of visiting this website.
The United States controls the export of any software downloadable from this website. No software or any other materials associated with this website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Submitting content
Certain portions of the website may invite or enable you to post, upload, embed, display or otherwise communicate text, messages, photos, videos, sound recordings, music (including lyrics), graphics, drawings, suggestions, ideas (including product and advertising ideas), your and/or other persons’ names, likenesses, voices, usernames, performances and other information, materials or content owned or created by you (collectively, "User Submissions").
NASHVILLE SONGWRITERS WILL CONSIDER USER SUBMISSIONS AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND SHALL BE UNDER NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION CONTAINED IN YOUR USER SUBMISSION. ALL USER SUBMISSIONS ARE SOLELY FOR PROMOTIONAL PURPOSES AND NO REMUNERATION OR COMPENSATION OF ANY KIND WILL BE PAID FOR SUCH SUBMISSIONS. FOR THE AVOIDANCE OF DOUBT, NASHVILLE SONGWRITERS WILL NOT USE THE USER SUBMISSIONS FOR ANY COMMERCIAL PURPOSE BUT RATHER ALL USAGE SHALL BE FOR PROMOTIONAL, MARKETING, ADVERTISING, PUBLICITY AND/OR EDUCATIONAL PURPOSES ONLY.
Rights to submit content
You warrant and represent that you have (and will continue to have during your use of the website) all necessary rights, licenses, consents and permissions which are required to enable Nashville Songwriters and/or related content providers to use your User Submissions for the purposes envisioned by the website and these Terms of Use.
You further warrant and represent that you havethe consent, release, and/or permission of each and every identifiable individual in your User Submissions to use his or her name, username or likeness in the manner contemplated by the website and the Products, Servicesor other materials on or available from the website.
Nature of content submitted
In connection with User Submissions, you agree and warrant that:
- you will not submit any User Submission that is subject to any right of a third party including, without limitation:
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- copyright, patent, trade mark, trade secret, or other proprietary or contractual right;
- right of privacy or publicity; or
- confidential information
unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Submission and to grant the rights herein;
- neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws;
- you will not submit User Submissions that are unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Nashville Songwriters to use or possess in connection with the provision of the website or the Services; and
- you will not submit a User Submission that:
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- is illegal or encourages or condones illegal acts or the discussion of illegal acts with the intent to commit them, including but not limited to drug dealing, drug abuse, child pornography, physical or sexual assault, stalking, theft, fraud or conspiracy to commit a criminal act;
- is defamatory, threatening, abusive, harassing or an invasion of privacy;
- is discriminatory or prejudicial based upon race, color, religion, gender, sexual orientation, age, disability or otherwise;
- is obscene, pornographic or otherwise sexually explicit;
- is dangerous, irresponsible or antisocial or encourages or condones dangerous, irresponsible or antisocial behavior;
- contains a virus, spyware or other harmful component, or otherwise impairs, interrupts or damages the website, the Services or any connected network, or otherwise interferes with a person’s use or enjoyment of the same; or
- contains any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (other than as permitted on the site).
You understand and agree that you are solely responsible for your own User Submissions and the consequences of your posting or publishing them.
By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights, or appropriation of your right of publicity arising from or out of Nashville Songwriters’ use of your User Submissions in accordance with these Terms of Use.
Nashville Songwriters and your submissions
- Nashville Songwriters has no obligation to use your User Submission in any way and Nashville Songwriters shall not be obliged to give reasons for rejecting your User Submission or to identify Nashville Songwriters’ activities that relate to your User Submission in any way.
- Nashville Songwriters has no obligation to compensate you for any use of your User Submission as envisaged by the website and these Terms of Use. You will not receive nor do you have any claim for any royalties associated with any User Submissions submitted to the site. FOR THE AVOIDANCE OF DOUBT, NASHVILLE SONGWRITERS WILL NOT USE THE USER SUBMISSIONS FOR ANY COMMERCIAL PURPOSE BUT RATHER ALL USAGE SHALL BE FOR PROMOTIONAL, MARKETING, ADVERTISING, PUBLICITY AND/OR EDUCATIONAL PURPOSES ONLY. ANY COMMERCIAL USE OF THE USER SUBMISSIONS SHALL BE SUBJECT TO FURTHER AGREEMENT BETWEEN YOU AND NASHVILLE SONGWRITERS AND SHALL REQUIRE YOUR WRITTEN CONSENT.
- Nashville Songwriters may use your name to attribute your User Submission to you (although we shall not be obliged to do so).
- By submitting User Submissions to the site, you understand that your User Submission could be attributed to you and your User Submission and other information submitted by you may be searchable by other members of the site.
- In addition, you understand and agree that when using the website, you may be exposed to User Submissions posted and/or submitted by other users. Nashville Songwriters is not in any manner responsible for User Submissions, and Nashville Songwriters does not guarantee the accuracy, integrity, quality or intellectual property rights of, or relating to, such User Submissions. In addition, Nashville Songwriters cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the website.
- Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily those of Nashville Songwriters or its affiliated or related entities or content providers and Nashville Songwriters expressly disclaims any and all liability in connection with any User Submission. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nashville Songwriters with respect to any User Submissions.
- By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights or appropriation of your right of publicity arising from or out of Nashville Songwriters’ use of your User Submissions in accordance with these Terms of Use.
- Without prejudice to our other rights under these Terms of Use or at law, Nashville Songwriters reserves the right in its absolute discretion and without prior notice to refuse to post, exclude or remove any User Submission from the website that violates the Terms of Use and/or the Privacy Policy.
- Nashville Songwriters will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing Nashville Songwriters to disclose the identity of anyone posting User Submissions. To the extent we can do so by law, we reserve the right to identify any user to third parties and/or disclose any User Submission or personal data to any third party claiming that a User Submission infringes their intellectual property rights or their right to privacy. We may also disclose such information if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nashville Songwriters, its customers or the public.
- Although Nashville Songwriters is under no obligation to review or monitor User Submissions, Nashville Songwriters reserves the absolute right to do so in its sole discretion. In addition, Nashville Songwriters reserves the right at all times to alter, edit, refuse to post or remove any User Submissions from the website, in whole or in part, for any reason or for no reason and without prior notice if it chooses to do so. You agree that Nashville Songwriters does not have any obligation to use or respond to any User Submission.
You shall retain all of your ownership rights in your User Submissions, but you are required to grant limited rights to Nashville Songwriters and other users of the website.
In return for using the website and the Services, you grant Nashville Songwriters a non-exclusive, worldwide, royalty-free transferable license (with full right to sub-license) to use your User Submissions for any promotional and/or educational purpose in perpetuityand free of charge. The license shall include, without limitation, the right to reproduce, copy, edit, adapt, combine with other works, make available, synchronize, display, publicly perform, transmit, broadcast, publish, and distribute your User Submissions.
FOR THE AVOIDANCE OF DOUBT, NASHVILLE SONGWRITERS WILL NOT USE THE USER SUBMISSIONS FOR ANY COMMERCIAL PURPOSE BUT RATHER ALL USAGE SHALL BE FOR PROMOTIONAL, MARKETING, ADVERTISING, PUBLICITY AND/OR EDUCATIONAL PURPOSES ONLY. ANY COMMERCIAL USE OF THE USER SUBMISSIONS SHALL BE SUBJECT TO FURTHER AGREEMENT BETWEEN YOU AND NASHVILLE SONGWRITERS AND SHALL REQUIRE YOUR WRITTEN CONSENT.
If your User Submission includes an idea or suggestion, you acknowledge that Nashville Songwritersor a third party acting on our behalf may have previously worked on or may be working on the same or a similar idea. By submitting your idea, you agree that we may continue to develop the idea (or a similar idea) independently of, and without acknowledging, your idea.
You hereby irrevocably and unconditionally release and forever discharge Nashville Songwriters from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent, and of any nature whatsoever, which you may have or may in the future have against Nashville Songwriters with respect to your User Submission, including how Nashville Songwriters uses your User Submission.
You also grant to each user of the website, a non-exclusive, worldwide, royalty-free license to access your User Submissions through the website free of charge, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely to the extent permitted by the functionality of the website and as envisaged by these Terms of Use.
You grant Nashville Songwriters all consents required pursuant to all applicable copyright laws and statutes which may be required for the use by Nashville Songwritersand/or our content providers of your User Submissions in accordance with these Terms of Use.
You waive all moral rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world relating to your User Submissions. Where this is not permitted by law you undertake not to enforce your moral rights at any future point in time.
Nashville Songwriters controls and operates this website from the United States. Nashville Songwriters makes no representation that materials in this website or the Products described thereby are appropriate or available for use in your location. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
You agree not to link to this website from a website not operated by Nashville Songwriters, unless you have obtained Nashville Songwriters’ prior written consent.
For your convenience and enjoyment, this website may provide links to other websites on the world wide web that are not operated by Nashville Songwriters. Nashville Songwriters has no control over these websites and is not responsible for their availability. Nashville Songwriters does not endorse, approve or sponsor, nor is Nashville Songwriters responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites. Nashville Songwriters is not responsible for webcasting or any other form of transmission received from any linked site. In addition, Nashville Songwriters is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked websites.
The material on the website (including any graphics, software, digital content, recommendations or other materials) and any material made available through the website is provided "as is" and “as available” and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Nashville Songwriters disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nashville Songwriters does not warrant or make any representations regarding the use or the results of the use of the material on the website in terms of its correctness, accuracy, reliability, or otherwise. The material on this website could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Nashville Songwriters undertakes no obligation to verify or maintain the currency of such information.
NASHVILLE SONGWRITERS ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEBSITE, NASHVILLE SONGWRITERS EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NASHVILLE SONGWRITERS MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT NASHVILLE SONGWRITERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, HARMFUL COMPONENTS, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR FOR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NASHVILLE SONGWRITERS, OUR LICENSORS OR LICENSEES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, GOODWILL, BUSINESS OPPORTUNITY, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, THAT MAY RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL ON THE WEBSITE, (B) THE CONDUCT OF ANY USER OF THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NASHVILLE SONGWRITERS SHALL NOT BE LIABLE EVEN IF NASHVILLE SONGWRITERS OR AN AUTHORIZED REPRESENTATIVE OF NASHVILLE SONGWRITERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, LOSS OR CORRUPTION OF DATA, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
NASHVILLE SONGWRITERS ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY USER SUBMISSION OR FOR ANY LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, ILLEGALITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ERROR OR INACCURACY CONTAINED IN ANY USER SUBMISSIONS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL NASHVILLE SONGWRITERS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT(INCLUDING, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
You hereby agree to defend, indemnify and hold Nashville Songwriters and each of our respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the website, any use of your User Submissions as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.
The Terms of Use and the Privacy Policy are and shall remain effective until terminated. You may terminate these Terms of Use by ceasing to use the website and destroying any and all material obtained by you from the website. We may immediately terminate the Terms of Use and the Privacy Policy, including your access to the website, if you breach or fail to comply with any material term or provision of the Terms of Use. Upon termination, you must discontinue use of the website and destroy any and all material obtained by you from the website.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Nashville Songwriters Association International
Attn: Jennifer Turnbow
1710 Roy Acuff Place, Nashville, TN 37206
(615) 256-3354
jennifer@nashvillesongwriters.com
We suggest that you consult your legal advisor before filing a notice with our copyright agent.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the website or making submissions.
This website may provide a Help file or other instructions for the use of this site. However, you understand that Nashville Songwriters is under no obligation to provide any support for the use of the website.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be governed by, construed and enforced in accordance with the laws of Tennessee, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be brought exclusively in [insert appropriate court(s)], and you hereby accept and submit to the personal jurisdiction of thesecourts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.
YOU ALSO WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHT OR REMEDIES UNDER, OR ARISING IN CONNECTION WITH OR RELATING TO, THESE TERMS OF USE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, THE DOMAIN, OR THE SERVICES, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.]
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No failure on the part of Nashville Songwriters to enforce any part of these Terms of Use shall constitute a waiver of any of Nashville Songwriters’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Nashville Songwriters nor the reliance of any person on Nashville Songwriters’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Nashville Songwriters shall have any legal effect whatsoever.
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.
