Terms and Conditions of Use for Sony/ATV’s Worldwide Online Repertory Database
This subsite of the Site (the "Subsite") is published and maintained by subsidiaries, affiliates, and/or related entities of Sony/ATV Music Publishing, LLC ("Sony"). When you access, browse, or use this Subsite you accept, without limitation or qualification, (1) the terms and conditions set forth on the Subsite landing page, (2) the terms and conditions set forth below and (3) any additional terms and conditions of use set forth on the general Sony/ATV site or in this Subsite, all of which are incorporated by reference (collectively, the “Terms and Conditions”).
Your Right to Use the Subsite and Its Contents
This Subsite, including, without limitation, the song/catalog lists, content, data, text, images, audio, and video thereon and/or any lists, content, data, text, images, audio, and/or video contained in any files downloaded from the Subsite in any format (collectively, the “Data”) is provided solely to third party businesses who perform musical compositions (each, individually, a “Third Party Business,” and, collectively, “Third Party Businesses”), solely for legitimate business purposes, including assisting such Third Party Business to identify musical compositions owned, controlled and/or administered by Sony (including musical compositions owned, controlled and/or administered by EMI Music Publishing) (collectively, “Musical Compositions”) and to remove, filter and/or block such Musical Compositions from website(s), other digital or mobile service(s) and/or other non-digital media under such Third Party Businesses’ ownership or control (collectively, “Services”), subject to and in a manner consistent with the Terms and Conditions and any and all applicable law. You agree not to interrupt or attempt to interrupt the operation of this Subsite in any way.
Ownership
All materials on this Subsite, including but not limited to the Data (collectively, the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You must be a Third Party Business to use this Subsite and you must have a legitimate business purpose to use this Subsite. You agree to follow all instructions, limitations and restrictions set forth on this Subsite limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Subsite. By making them available on this Subsite, Sony is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Sony's Right to Change These Terms and Conditions of Use or Content on the Subsite
Sony may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Subsite apply as soon as they are posted. By continuing to use this Subsite after any changes are posted, you are indicating your acceptance of those changes. Sony may add, change, discontinue, remove, or suspend any other Content posted on this Subsite, including features and specifications of products described or depicted on the Subsite, temporarily or permanently, at any time, without notice and without liability.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SUBSITE AND/OR ANY DATA OR CONTENT PROVIDED THEREON IS AT YOUR OWN RISK. THIS SUBSITE (INCLUDING ALL DATA, CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SUBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE DATA AND CONTENT ON THIS SUBSITE, SONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY DATA OR CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SUBSITE; (2) THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE LIST OF MUSICAL COMPOSITIONS THAT SONY OWNS OR CONTROLS, AND/OR OTHER DATA OR CONTENT, OR WHETHER OTHER PERSONS OR ENTITIES OWN INTERESTS IN OR CLAIM TO OWN SUCH INTERESTS IN SUCH MUSICAL COMPOSITIONS AND/OR OTHER DATA OR CONTENT; OR (3) WHETHER THE SERVER THAT MAKES THIS SUBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SUBSITE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE THAT SONY MAY, IN THE NORMAL COURSE OF BUSINESS DURING THE TERM, LOSE OR ACQUIRE RIGHTS WITH RESPECT TO COMPOSITIONS, AND SONY SHALL HAVE NO LIABILITY TO YOU (OR ANY OTHER PARTY) FOR ANY FAILURE TO TIMELY UPDATE THE LIST OF MUSICAL COMPOSITIONS THAT SONY OWNS OR CONTROLS (OR ANY DATA OR CONTENT RELATED THERETO) CONTAINED ON THIS SUBSITE TO ADD OR REMOVE COMPOSITIONS.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S NEGLIGENCE, SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THIS SUBSITE, EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SONY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
The Terms and Conditions constitute the entire agreement between Sony and you with respect to your use of this Subsite. Any cause of action you may have with respect to your use of this Subsite must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.