Terms and Conditions of Use

Terms and Conditions of Use

Introduction

Broadcast Music, Inc. (“BMI”) develops and maintains websites and other Internet and mobile-based services (“BMI Sites and Services” or “BMI Site or Service”) for access and use by the general public and the industries that BMI serves including BMI’s affiliated songwriters, composers and music publishers, licensing customers and the music industry in general.  These Terms and Conditions of Use are generally applicable across all of BMI’s Sites and Services.  However, individual BMI Sites and Services may have additional and/or modified terms and conditions of use that are specific to that BMI Site or Service.  If there is a conflict between any provision under these Terms and Condition of Use and any additional or modified provision that is specific to a BMI Site or Service, the additional or modified provision governs. These Terms and Conditions of Use, together with any additional and/or modified terms and conditions of use for any specific BMI Site or Service, are referred to as the “Applicable Terms of Use.”

BMI Sites and Services, and the contents made available on the BMI Sites and Services, are protected under U.S. copyright law and other international, federal and state laws that protect intellectual property.

By accessing and/or using any of BMI’s Sites and Services, you agree that you are bound by the Applicable Terms of Use.  Any unauthorized use of BMI Sites and Services, including but not limited to, entry into BMI’s systems, misuse of passwords, misuse of any information posted on or to the BMI Sites and Services, or otherwise engaging in any activity relating to the BMI Sites and Services that is contrary to applicable law or regulations, or the terms of any agreement that you may have with BMI including, but not limited to, the Applicable Terms of Use, is strictly prohibited.

BMI reserves the right to change the Applicable Terms of Use at any time by publishing the modified version on the BMI Site or Service.  By using the BMI Sites or Service after any published changes, you agree to be bound by the modified Applicable Terms of Use.

Copyright

All BMI Sites and Services are Copyright © Broadcast Music, Inc. All rights reserved.  BMI.com has been published since 1994 and is continuously updated and revised.  Other BMI Sites and Services may indicate a different year of first publication.

Trademarks

Broadcast Music, Inc., its abbreviation, “BMI” (whether stylized or not), and BMI.com, are registered trademarks of Broadcast Music, Inc.  All pages, including splash screens, page headers, and custom graphics on BMI Sites and Services are protected as trade dress under applicable law.  BMI Sites and Services may also contain other trademarks, service marks, or trade names, which may be owned by BMI or a third party. Other than as may be provided for under the Terms and Conditions for Use of BMI Logos for guidelines you may not use any of the trademarks, service marks, or trade names contained on BMI Sites and Service, or copy or imitate the design or any elements of the design that may be protected as trade dress under international, federal, or state laws, without the prior written consent of the owner.

General Use Parameters and Restrictions

All materials contained on BMI Sites and Services, which include, among other things, images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, services and written and other materials that are part of a BMI Site or Service, are the intellectual property of BMI or its partners or affiliates.  Except as expressly authorized under the Applicable Terms of Use, you may not use all or any portion of the contents of BMI Sites and Services without prior written permission from BMI.

• Access to and use of BMI Sites and Services that are open to the public:  For purposes of the Applicable Terms and Conditions, BMI Sites and Services are considered open to the public if you do not need an account, a username and password, or some other special relationship with BMI in order to gain access to the BMI Site or Service.  With respect to BMI Sites and Services that are open to the public, so long as you comply with the Applicable Terms of Use, BMI grants you a non-exclusive, non-transferable limited license to enter, display, and use any publicly available BMI Sites and Services, but only for personal and informational purposes.  Business tools that may be made available publicly, such as affiliation applications and other forms, can be used for the purposes for which they are intended.
  Other than in accordance with this limited license granted for this limited purpose, you will not copy, reproduce, republish, upload, post, transmit or distribute all or any portion of the BMI Sites and Services for any commercial purpose, including but not limited to, text, images, audio, video, software, applications, or source code, in any way without BMI’s prior express written permission.  Other than as may be permitted through an RSS feed or BMI API or similar service, you will not “mirror,” “frame,” or otherwise display or make available any of the contents of the BMI Sites and Services on or through any other site or service.  You will not link to BMI Sites and Services except as permitted under BMI’s policy for linking to BMI Sites and Services below.  You will not interrupt or attempt to interrupt the operation of any BMI Site or Service.  You will not circumvent any technical measures designed to restrict access, or otherwise attempt to gain access, to any BMI Sites and Services that are not open to the public, as these BMI Sites and Services may contain information that is proprietary, confidential, or is otherwise specifically intended for a particular individual or entity.
  
  If you breach any of the Applicable Terms and Conditions, any license or right to access and use BMI Sites and Services is terminated and/or revoked immediately.  Upon termination or revocation, you will immediately cease accessing and/or using BMI Sites and Services and will immediately destroy any downloaded and/or printed materials.
• Additional terms applicable to the BMI searchable song title database:  The searchable song title database provides access to certain song title registration information on musical works in the BMI repertoire, including foreign works registered with BMI and arrangements of works that are in the public domain.  The information is generally (although not necessarily) updated every day. The information can change and musical works can be added or removed from the BMI repertoire.
  
  BMI is the owner of all rights in the searchable song title database under all applicable international, federal, and state laws. The database is intended for research and information purposes in the form presented.  The information contained in the database has been provided to BMI from a variety of sources, and BMI makes no warranties or representations whatsoever with respect to its accuracy or completeness of the information other than to determine what musical compositions are licensed by BMI through the last update.  BMI specifically disclaims any and all liability for any loss or damages which may be incurred, directly or indirectly, as a result of the use of the information in this database for any other purpose, or for any omissions or errors contained in the database and all use of the BMI Site is solely at the risk of the user.
  
  By starting a query against BMI’s searchable song title database, you are indicating that you understand these limitations and you waive any and all claims of any kind and nature against BMI, its officers, employees, affiliates or licensees, with respect to your use of this database or the information provided.
  
  You also agree that you will not copy, distribute, download, publish, modify, reformat, reconfigure, extract, incorporate into other software, databases or online material, or otherwise appropriate, the database in any way. You may not create, generate, or compile any source code version of the database or any part thereof, and you will not assist others in doing so.  You will only run manual queries through the interface that BMI provides.  You will not decompile or reverse-engineer the application(s) that provide access to the database or circumvent or attempt to circumvent any applications or processes that BMI may employ to track or limit access to the database.  You will not create any direct links to query results from any other site or service.  You will not develop or run scripts to automatically query the database, and you will not capture, scrape, download or otherwise copy and/or store any query results for any purpose whatsoever.
  
  If you breach any of these additional terms and conditions, any license or right to access and use the searchable song title database is immediately terminated and/or revoked.  Upon termination or revocation, you will immediately cease accessing and/or using the searchable song title database and will immediately destroy any downloaded and/or printed materials.
• Additional terms applicable to BMI Sites and Services that are not open to the public:  For purposes of the Applicable Terms and Conditions, BMI Sites and Services are not considered open to the public if you need an account, a username and password, or some other special relationship with BMI in order to gain access to the BMI Site or Service.  With respect to BMI Sites and Services that are not open to the public, when BMI grants you access by assigning you a username and password or otherwise establishing access to the BMI Site or Service for you, and provided you comply with the Applicable Terms of Use, BMI is granting you a non-exclusive, non-transferable limited license to enter, display, and use any the BMI Site or Service.  This limited license is granted solely for the purpose for which access was provided.  For example, if BMI grants you access to an online service or tool that provides information relating to your account as a songwriter or composer affiliate or as a licensee, the purpose for providing access is to facilitate the exchange of information relating to your account between you and BMI.
  
  By accessing and using the non-public BMI Site or Service, you are consenting to the electronic exchange of information between you and BMI.  You will not knowing provide false or misleading information to BMI on or through the BMI Site or Service.  You recognize and agree that you are responsible for maintaining the secrecy of your username and password, and you understand that transmissions over the Internet may be intercepted by third parties through no fault of BMI.  You also agree that you will not circumvent any technical measures designed to restrict, control, or track your access, and you will not otherwise attempt to gain access to anyone else’s account or to other BMI Sites and Services that are not open to the public.
  
  If you breach any of these additional terms and conditions, BMI may terminate your privileges with respect to accessing and using a non-public BMI Site or Services without notice to you, and you agree that BMI’s termination of your privileges does not excuse any separate obligations you may have to BMI (e.g., making license fee payment or reporting under the terms of a license).  Upon termination or revocation, you will immediately cease accessing and/or using the non-public BMI Site of Service.
• Additional terms applicable to material submitted to BMI Sites and Services: BMI does not assume any responsibility for any of the materials posted on BMI Sites and Services by any third party, including the legality, originality, reliability or appropriateness of the materials.  BMI may monitor or review any areas on a BMI Site or Service in which users transmit or post communications or communicate solely with each other for the purpose of promoting the efficiency, usefulness, appropriateness of use and compliance with the Applicable Terms of Use.  However, BMI does not undertake to monitor or review every posting or communication, and BMI disclaims any liability related to the content of any such postings and communications.
  
  If you submit material to a BMI Site or Service, you are granting to BMI, on a non-exclusive, royalty-free basis, all rights necessary to publish, display, and/or make all or any portion of the material available to the public on or in connection with the applicable BMI Site or Service.  You warrant and represent that you have all rights necessary to grant BMI this license.  You also warrant and represent that you are not infringing anyone else’s rights, and you will indemnify and hold BMI harmless from and against any claims relating to the material you post.
  
  You understand that the rights that you give to BMI to publish, display and/or make the material available to the public do not impose any obligation on BMI to do so.  BMI reserves the right to decide whether, when, and how to publish, display, and/or make the material available.  BMI also reserves the right to remove or disable access to any material at any time and for any reason without notice to you.  You agree not post or submit to any BMI Site or Service any content which (a) is libelous, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates or infringes any person’s legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents; (c) violates any law; (d) advocates any unlawful activity; or (e) solicits funds for, or otherwise advocates for or against, any organization, goods or services.
  
  If you breach any of these additional terms and conditions with respect to material you submit, BMI may immediately terminate your right and/or ability to submit materials to a BMI Site or Service.  Upon termination or revocation, you will immediately cease accessing and/or using BMI Sites and Services and will immediately destroy any downloaded and/or printed materials.
• Registered agent for notice of copyright infringement and/or counter-notification:  BMI may store and make content available on BMI Sites and Services at the direction of users or otherwise engage in activities for which it may qualify as a service provider under the Digital Millennium Copyright Act.  If you believe that any of the content on a BMI Site or Service infringes your copyright, you may send BMI notice requesting that BMI remove or disable access to the content.  If you believe that someone has wrongfully requested that BMI remove or disable access to your content, you can send BMI a counter-notice.  Please be aware that such notices should only be sent if you have a good faith belief that the content infringes your copyright or that someone has wrongfully requested that BMI remove or disable access to your content, and must comply with the statutory requirements of the Digital Millennium Copyright Act.  Notices and counter-notices should be sent to:
  
  Copyright Compliance, Legal Department
  Broadcast Music, Inc.
  7 World Trade Center
  250 Greenwich Street
  New York, New York 10007
  Phone: 212-220-3000
  Email: .(JavaScript must be enabled to view this email address)
• Additional terms relating to links to and from third-party websites:  BMI Sites and Services may contain links to other websites that are not under BMI’s control.  The appearance of, or reference to, any information, materials or other content on, or a link from, a BMI Site or Service does not constitute an endorsement, express or implied of any products or services provided by entities other than BMI.  BMI maintains these links solely for your convenience, and you understand and agree that you access them at your own risk.  BMI cannot guarantee the accuracy, completeness, efficacy, or timeliness of information located on these other websites.  You understand that these other websites may have terms and conditions that are different from these Applicable Terms and Condition, and that you are responsible for your compliance with their terms and conditions.  Any comments or issues arising from access to these other websites regarding any of these other websites should be addressed directly to the operator of the website.
• BMI’s policy regarding linking to BMI Sites and Services:  BMI welcomes other sites linking to BMI Sites and Services so long as the following guidelines are followed: When linking to internal pages, you should inform BMI as to which pages you want to link, the specific content on the page you are interested in, when you plan to start linking and the duration for which the link will be available. Also include the URL of the page that contains the link.  Upon linking to BMI Sites and Services, BMI’s content should appear in its own browser window, by setting the href target to “_blank” or by spawning a new browser. The web page from the BMI Site or Service BMI.com must not appear within a frame.  In addition, the content of the BMI Site or Service must not be portrayed as belonging to anyone other than Broadcast Music, Inc., and your site should not imply that BMI is endorsing your products or services.
  
  If you choose to link to a BMI Site or Service, you are agreeing that you will not provide false or misleading information about BMI, its officers, directors, affiliates or its services or activities.  You are also warranting and representing that your website does not infringe the rights of any other person or entity, including but not limited to copyrights and trademarks, and that your site does not violate any laws, advocate unlawful activity or contain content which is not appropriate for all ages.
  
  Please note that the site is constantly changing, with content being added and removed on a daily basis or more frequently. BMI cannot ensure that deep links from your site will not become broken links in the future. You may not use the BMI logo or any other graphics or text to imply an endorsement or support by BMI without written permission.  Please see Terms and Conditions for Use of BMI Logos for guidelines and to download authorized graphic files.  To inquire further, please contact the BMI webmaster at .(JavaScript must be enabled to view this email address)  or via mail:
  
  BMI Webmaster
  Broadcast Music, Inc.
  7 World Trade Center
  250 Greenwich Street
  New York, NY 10007-0030
  
• Additional terms regarding access to or use of software of BMI Sites and Services:  BMI Sites and Services may contain or make available proprietary and/or third party applications or software for your use in accessing and/or interacting with a BMI Site or Service.  BMI does not guarantee usability or compatibility with your system, and your use of the software is at your own risk.  You acknowledge that the software may be accompanied by a license agreement, and you understand and accept that your use of the software will constitute your consent to all of the terms and conditions in the license agreement.

Disclaimer, Limitation of Liability, and Indemnity

YOUR ACCESS TO, AND USE OF, BMI SITES AND SERVICES IS AT YOUR OWN RISK.  BMI SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, FUNCTIONS, APPLICATIONS, AND SERVICES, ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND BMI EXPRESSLY DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, OR TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  BMI DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OR MATERIAL THAT YOU MAY ACCESS AT OR THROUGH A BMI SITE OR SERVICE IS CURRENT, ACCURATE OR COMPLETE.  YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH ANY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE, INCLUDING YOUR COMPUTER, AS PART OF YOUR USE OF BMI SITES AND SERVICES AND THAT BMI WILL NOT IN ANY WAY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT ARE COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL, LOSS OF PROFIT, INCOME OR DATA, DAMAGE TO PROPERTY OR CLAIMS BY ANY OTHER PERSONS OR ENTITIES, THAT RELATE TO YOUR ACCESS TO AND/OR USE OF A BMI SITE OR SERVICE.  YOU ALSO AGREE TO WAIVE ANY AND ALL CLAIMS OF ANY KIND OR NATURE THAT YOU MAY HAVE AGAINST BMI, ITS OFFICERS, EMPLOYEES, AFFILIATES OR LICENSEES, WITH RESPECT TO YOUR USE OF THIS SITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE AT THE SITE.  FINALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM OR RELATED TO YOUR ACCES TO AND/OR USE OF A BMI SITE OR SERVICE, OR YOUR BREACH OF ANY OF THE AGREEMENTS, REPRESENTATIONS OR WARRANTIES YOU HAVE MADE TO OR WITH BMI.

Local Laws and Export Controls

BMI Sites and Services are generally controlled by BMI from its offices in New York City or Nashville for use within the United States, its territories, Commonwealth, or possessions.  BMI makes no representation that any BMI Site or Service is appropriate or available for use in any particular location.  You are responsible for compliance with applicable local laws.
You acknowledge and agree that BMI Sites and Services are subject to the U.S. Export Administration Laws and Regulations.  You agree that you will not download, transfer or otherwise export or re-export directly or indirectly, any content from a BMI Site or Service to proscribed or embargoed countries or their nationals.

Governing Law and Jurisdiction

BMI Sites and Services are generally managed by BMI from its offices within the County, City and State of New York, United States of America.  All matters relating to your access to or use of the BMI Sites and Services shall be governed by the statutes and laws of the State of New York, without regard to the New York’s conflicts of laws principles.  You agree to 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 for any matter arising out of or relating to you access to or use of BMI Sites and Services.

Waiver

No delay or omission by BMI to exercise any right it may have to enforce all or any of the Applicable Terms of Use will constitute a waiver by BMI to exercise that right in the future.

Severability

If any portion of this User Agreement is adjudged invalid or unenforceable by an arbitrator a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

Termination

This Agreement is effective unless and until terminated by either you or BMI. You may terminate this Agreement at any time. Your access to this Site may be terminated immediately, without notice from BMI, if in BMI’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BMI, you agree that you will cease use of the Site immediately and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Entire Agreement

The Applicable Terms of Use constitute the entire agreement between you and BMI with respect to your use of BMI Sites and Services, and supersede any and all prior understandings or agreements between you and BMI, whether written or oral.  You acknowledge that, in providing you with access to, and use of the BMI Sites and Services, BMI has relied on Your acceptance of these Terms of Use.