By accessing the Desert Windsong Publishing (hereinafter, “DWP”) website (the “Site”), you agree that you will be bound by the terms and conditions set forth herein (the “Agreement”).
These Terms and Conditions of Use (“Terms of Use”) apply to the Web sites located at www.umusicpub.com, DWPnashville.com, and DWPlatin.com and all other URLs that direct you to the Web site located at www.desertwindsongpublishing.com (collectively, the “Sites”), which are owned by Desert Windsong Publishing (hereinafter, “DWP”).
Read these Terms of Use carefully before selecting the “I Accept” button at the bottom of the page. You may print these terms of use by selecting the “Print” button below. By selecting the “I Accept” button, you are consenting to these terms of use.
If you do not agree to the Terms of Use, select the “I Reject” button, and your ability to access this Site will be terminated.
We reserve the right to change the terms and conditions of this Agreement, from time to time. By using the Site after we make such changes, you agree to be bound by the new terms and conditions. We will also from time to time, change the content of the Site. Some of the pages of the Site contain their own terms and conditions that may by their terms supersede the terms and conditions of this Agreement.
The Site repertoire contains information on compositions in the DWP repertoire.
The information contained in the database has been provided to DWP from a variety of sources, and DWP makes no warranties or representations whatsoever with respect to its accuracy. In some cases, the writer, publisher, and master information shown may not reflect actual copyright ownership of a work as registered with the U.S. Copyright Office. Any use of this information for purposes other than to determine what musical compositions are contained in the DWP repertoire is solely at the risk of the user.
Our repertoire information changes often and those changes may not be reflected in the information you access here. DWP 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, or for any omissions or errors contained in the database.
DWP is the owner of all rights in the database under all applicable federal and state laws. The database is intended for research and information purposes in the form presented. You may not copy, distribute, download, publish, modify, reformat, reconfigure, extract, scrape, link, incorporate into other software, databases or online material, or otherwise appropriate the database or any part thereof, without the express written permission of DWP. You may not create, generate, reverse engineer or compile any source code version of the database or any part thereof, nor shall you assist or allow others to do so.
Content; Your use of the Site. All musical compositions (including the lyrics thereof), recordings, photographs, trademarks, logos, artwork and all other materials and tools on the Site (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition law. You certify that you are a music supervisor and/or you work for a bona fide record company, film production company, advertising agency or other company or organization for which you are required, as part of your employment, to review, evaluate and select music for use in commercial projects. As long as you comply with these Terms of Use, and you are an authorized visitor to the Site, DWP grants you a nonexclusive, nontransferable, limited privilege to enter and use the Site, and to use the specific features to which DWP has granted you access via your unique password and ID.
You understand and agree that your use of the Content on the Site as permitted by DWP does not constitute a license to incorporate any Content in any commercial, film, television, video game or other project of any kind. Such use requires a fully negotiated and executed license agreement with DWP. Your use of any Content in contravention of this paragraph will constitute copyright infringement and DWP will pursue all legal rights and remedies available to it and will enforce its intellectual property to the fullest extent of the law.
You may not copy or use any Content on the Site except as permitted in these Terms of Use and on the Site. You may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of any of the Content except as specifically permitted by agreement with DWP. You may not retain or attempt to retain copies of audio files that are “streamed” from the Site. You may not create personal playlists from downloads available on the Site. You may not make the Content available to third parties via the Internet on your computer system or otherwise, except as specifically permitted by agreement with DWP. You may not use any Content in any final version of a project without a written, fully signed license agreement with DWP.
You may not access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site.
You may not attempt to gain access to any portion or feature of the Site that has not been made available to you, or any other systems or networks connected to the Site or to any DWP server, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DWP, including any DWP account not owned by you, or any password or ID not assigned to you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DWP’s systems or networks, or any systems or networks connected to the Site or to DWP.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not install or use the Content over the Internet, including, without limitation, in connection with a Web hosting or similar service.
You may not remove, alter, or obscure any proprietary notices, labels, or marks from the Site.
You may not modify, translate, adapt or arrange the Content or create derivative versions of any Content.
You may not impersonate or misrepresent your affiliation with any other person or entity.
You may not upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (except as expressly provided by agreement with DWP).
Accounts, Passwords and Security. You are entirely responsible for maintaining the confidentiality of your ID and password associated with your account, and for any and all activity that occurs under your account. You may not use anyone else’s ID, password or account at any time, and you may not lend your ID, password or account to anyone at any time. You shall notify DWP immediately of any unauthorized use of your ID, password or account, or any other breach of security. DWP has the right to immediately and irrevocably revoke your access to the Site in the event you do not maintain the confidentiality of your ID and password.
Copyrights and Trademarks. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark (collectively, the ”Trademarks”) displayed on the Site without the written permission of the copyright holder. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions or by agreement with DWP, is strictly prohibited.
Limitation of Liability. WHILE DWP USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, DWP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. ALL INFORMATION REGARDING THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION INFORMATION ABOUT WRITERS, WRITER SPLITS, MASTER RIGHTS OWNERS, AND RESTRICTIONS ON ALL CONTENT, IS DEEMED RELIABLE BUT NOT GUARANTEED. ALL SUCH INFORMATION MUST BE CONFIRMED WITH A DWP REPRESENTATIVE. DWP NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH DWP. THE AVAILABILITY OF THE RECORDINGS ON THE SITE DOES NOT CONVEY A LICENSE OR IMPLY ANY RIGHT TO USE THE CONTENT IN ANY WAY. AN INDEPENDENT LICENSE FOR ANY SUCH USE IS REQUIRED.
DWP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOUR USE OF AND BROWSING IN THE SITE AR AT YOUR RISK. THE SITE AND THE CONTENT ARE DELIVERED ON AN ”AS-IS” BASIS AND ”AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS LIMITATION WILL APPLY EVEN IF DWP OR ANY DWP LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DWP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU USE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER DWP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.
IF, NOT WITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, DWP IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, DWP’s liability TO YOU SHALL IN NO EVENT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
DWP RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, ANDY ANY APPLICABLE POLICIES OR TERMS; (3) TO INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES
Indemnity. You agree to indemnify and hold DWP, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DWP by any third party due to or arising out of or in connection with your use of the Site. DWP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DWP’S defense of such claim.
Violation of These Terms of Use. DWP may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DWP’s rights or property, or the rights or property of visitors to or users of the Site, including DWP’S customers. DWP reserves the right at all times to disclose any information that DWP deems necessary to comply with any applicable law, regulation, legal process or governmental request. DWP also may disclose your information when DWP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that DWP may preserve any transmittal or communication by you with DWP through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DWP determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of DWP, its employees, users of or visitors to the Site, and the public.
You agree that DWP may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, or for any other reason or no reason at all. You also agree that any violation by you of these Terms of Use will constitute unlawful and unfair business practice, and will cause irreparable harm to DWP, for which monetary damages would be inadequate, and you consent to DWP obtaining injunctive or equitable relief that DWP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DWP may have at law or in equity.
You agree that DWP may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) unexpected technical issues or problems; (5) unauthorized disclosure of your password and ID or unauthorized access by third parties to the Site as a result of your disclosing your password or ID; (6) unauthorized use or misuse of the Content on the Site.
If DWP does take any legal action against you as a result of your violation of these Terms of Use, DWP will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DWP. You agree that DWP will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DWP bring to enforce these Terms of Use or in connection with any matters related to this Site shall be brought only in either the state or Federal Courts located in San Diego County, California, and you expressly consent to the jurisdiction of said courts. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, the remainder of these Terms of Use will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
Void Where Prohibited. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons in all geographic locations, or appropriate or available for use outside the United States. DWP reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.