All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Songtracker; with the exception of the Filemaker Pro artwork and name (property of filemaker.com); and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Songtracker products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Songtracker for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to 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 through the Site. Songtracker reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Songtracker server, or to any of the services offered on or through the Site, 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 Songtracker, including any Songtracker account not owned by 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 Songtracker’s systems or networks, or any systems or networks connected to the Site or to Songtracker.
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 forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Songtracker on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Songtracker’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Pricing and Availability Information
Pricing and availability as set forth in the Songtracker Site are subject to change without notice, and may not be available in all countries. The Songtracker Site may contain references to Songtracker products, services and programs that have not been announced in your country. These references do not imply that Songtracker intends to announce or make available such products, services or programs in your country. Further, the Songtracker Site may contain references to future planned Songtracker products. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and Songtracker makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Songtracker immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Songtracker or any other user of or visitor to the Site due to someone else using your ID, password or account.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Songtracker cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Songtracker Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Songtracker’s control, and Songtracker is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Songtracker 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. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Songtracker CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Songtracker DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Songtracker DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Songtracker SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Songtracker FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Songtracker 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, and any applicable policies or terms; and (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.
Limitation of Liability
Except where prohibited by law, in no event will Songtracker be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Songtracker has been advised of the possibility of such damages.
You agree to indemnify and hold Songtracker, 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 Songtracker by any third party due to or arising out of or in connection with your use of the Site.
Songtracker may disclose any information we have about you (including your identity) 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) Songtracker’s rights or property, or the rights or property of visitors to or users of the Site, including Songtracker’s customers. Songtracker reserves the right at all times to disclose any information that Songtracker deems necessary to comply with any applicable law, regulation, legal process or governmental request. Songtracker also may disclose your information when Songtracker determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Songtracker 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, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Songtracker administers and operates the www.Songtracker.com Site from its location in Paso Robles, California USA. 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 or in all geographic locations, or appropriate or available for use outside the United States. Songtracker 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.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Songtracker provides access to Songtracker international data and, therefore, may contain references or cross references to Songtracker products, programs and services that are not announced in your country. Such reference does not imply that Songtracker in your country intends to announce such products, programs or services.
Any use of Songtracker trademarks for commercial purposes without the prior written consent of Songtracker may constitute trademark infringement and unfair competition in violation of federal and state laws. See Songtracker’s Third Party Trademark Guidelines for more information.
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
To obtain permission to use Songtracker copyrighted materials or if you have any questions concerning the usage or licensing of Songtracker copyrighted materials, please submit your detailed request in writing. You can e-mail your request to licensing@Songtracker.com
Claims of Copyright Infringement
Songtracker respects the intellectual property rights of others, and we ask our users to do the same. Songtracker may, in its sole discretion, terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Songtracker's web site, please provide the following information to Songtracker's Copyright Agent: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; 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 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 owner or authorized to act on the copyright owner’s behalf.
3860 Gruenhagen Flt.
Paso Robles, CA 93446
Telephone: 805 527-5841
Songtracker's Unsolicited Idea Submission Policy
Songtracker or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Songtracker's products or marketing strategies might seem similar to ideas submitted to Songtracker. So, please do not send your unsolicited ideas to Songtracker or anyone at Songtracker. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of Songtracker, without compensation to you, and (2) Songtracker can use the ideas for any purpose and in any way, even give them to others.
Songtracker does, however, welcome your feedback regarding many areas of Songtracker's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us in the form of an email, with the words FEEDBACK included in the Subject heading. Please provide only specific feedback on Songtracker's existing products or marketing strategies; do not include any ideas that Songtracker's policy will not permit it to accept or consider. It's just one more way that Songtracker can learn how to best satisfy your needs.
Software and Documentation Information
Use of the software from this Site is subject to the software license terms set forth in a Songtracker Software License. The software license agreement is available for review whenever software is downloaded at this site.
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains Songtracker’s copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the Songtracker Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Songtracker assumes no responsibility with regard to the selection, performance or use of these products or vendors. Songtracker provides this only as a convenience to our users. Songtracker has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Songtracker assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
The example companies, organizations, domain names, email addresses, people, place and events depicted on the Songtracker Site are purely fictitious. Any resemblance to existing companies, organizations, domain names, email addresses, people, places and events is coincidental.
The information contained in this Site is subject to change without notice. Copyright © 1992-2013 Songtracker/Working Solutionz/Klenco, Inc. All rights reserved. Songtracker/Klenco, Inc., 3860 Gruenhagen Flt. California 93446, USA.
Updated by Songtracker Legal March 2013.
Effective March 2013.