PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING SCOREASCORE.COM (REFERRED TO HEREIN AS "SAS" OR "SITE"), YOU AGREE YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE (JOINTLY AND SEVERALLY "TERMS"). WHETHER OR NOT YOU ARE A REGISTERED USER.
These Terms apply to your use of the Site, and do not alter in any way the terms and conditions of any other agreement you may have with SAS or its subsidiaries or affiliates, including without limitation any songwriter, master recording or copublishing agreement between you and SAS. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to be bound by and indemnify SAS for violations of these Terms.
All Users must comply with copyright and all other applicable laws and must not infringe on any rights of others. Note however, that SAS does not monitor in any manner whether Users are complying with such laws or honoring such rights, and SAS is not responsible for protecting the copyright, license or other rights of any User. Use the REPORT tool found throughout the site if you believe that audio or other material has been uploaded or downloaded illegally using the Site. We encourage reporting of possible infringements.
Materials provided by you (Submissions)
With regard to all music, videos or other creative materials (collectively, "Materials") you submit to SCOREASCORE (known as SAS) through any of our websites or otherwise, you expressly authorize SAS to transmit, stream, download, transfer, broadcast, publicly display, publicly perform and otherwise utilize in any manner, form or media whether now known or hereafter devised, any of the submitted Materials, for the purposes of SAS's business ("Purposes"). In consideration of your use of this Site (and without payment or other consideration of any kind), you hereby grant SAS all necessary or desirable universe-wide licenses to use the Materials as aforesaid including without limitation:
Whether or not you are a member of a performing rights society, you hereby grant SAS a nonexclusive, direct license to publicly perform all music compositions included in your Materials, universe-wide, for all Purposes. If you belong to a performing rights society you understand that it is your sole responsibility to notify your performing rights society of the direct license you have granted herein.
You hereby grant SAS a nonexclusive license to publicly perform by means of digital audio transmission all sound recordings and visual materials included in your Materials, for all Purposes.
You hereby grant SAS nonexclusive reproduction licenses for all of your Materials, including without limitation reproduction rights and the right to download your Materials in connection with potential transactions concerning such Materials.
You hereby license SAS the right to use any trademarks, service marks or trade names as well as any trademarks, service marks or trade names appearing in your Materials.
You hereby license SAS the right to use your name and likeness as well as the names and likenesses of any individuals depicted in or having ownership interests in your Materials, for all Purposes, including the promoting and advertising SAS products and services.
By accepting this Agreement and/or submitting Materials to SAS, you expressly warrant and represent the following to SAS, and acknowledge that SAS is relying upon such warranties and representations:
That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary or desirable to utilize Materials for all Purposes and to grant SAS the licenses set forth herein.
That you agree that SAS, its customers, employees, and licensees shall not be required to make any payments for use of the Materials for any Purpose, including but not limited to payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your Materials, your licensors, unions, or guilds.
That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the terms provided herein and/or to grant SAS the licenses set forth herein.
That your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all universe-wide intellectual property rights in and to your Materials; that if your Materials contain any "samples" or excerpts from copyrightable work the rights to which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions necessary or desirable to use and include such work in your Materials; and that your Materials do not otherwise infringe on the intellectual property or other rights of any person or entity.
That your Materials do not violate any common law or statutory patent, copyright, privacy, publicity, trademark, trade secret other rights of any nature or sort of any person or entity, and that your Materials are not libelous, defamatory, obscene or otherwise actionable at law or equity.
That you have not submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with SAS's computer systems or data and/or that of SAS's users. You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial solicitation., although it is understood that, for the legitimate and lawful solicitation of collaborative partners, or for the legitimate promotion of musical or other related creative talent as determined by SAS, in its sole discretion, SAS may send unsolicited email advertisements to User email addresses. You further agree not to use or attempt to use another User’s account, service or system without prior written authorization from SCOREASCORE, LLC, or create a false identity on the Site.
You agree to sign and deliver to SAS any additional documents that SAS may request to confirm SAS's rights and your warranties and representations under this Agreement.
All representations, warranties or covenants made herein by you shall survive termination of your account or other relationship with SAS.
All warranties and representations made by you herein are made for the benefit of SAS and its licensees and may be enforced separately by SAS and/or by any contractually designated licensee of SAS.