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TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
These terms and conditions regarding your use of the Site (as defined herein) constitute a legally binding agreement ("Agreement") between you and Copyright Exchange, LLC ("Copyright Exchange", "we", "us" or "our"). In this Agreement, the terms "Site" or "Web Site" includes all web sites and web pages located at URLs http://www.copyrightexchange.com and http://www.copyrightlistingservice.com as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof.
This Site is offered and made available only to users 18 years of age or older. If you are not yet 18 years old please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this Agreement.
The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 1.
1. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your Agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your Agreement with us.
2. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, including without limitation Copyright ExchangeSM and Copyright Listing ServiceSM (individually and/or collectively, "Material"), are the property of Copyright Exchange, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of Copyright Exchange or its owner if Copyright Exchange is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work or any other intellectual property owned or controlled by you, click here.
3. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use of the Site. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
• be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, web sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
4. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, Copyright Exchange is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. As between you and Copyright Exchange you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COPYRIGHT EXCHANGE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Copyright Exchange, upon written notice from you to us, attempt to correct any deficient services under this Agreement and, if correction is not reasonably commercially practicable for Copyright Exchange, to refund any monies actually paid by you for the services involved and to terminate and discontinue your use of the site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
5. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Copyright Exchange or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers. Copyright Exchange does not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall Copyright Exchange assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Copyright Exchange collects and uses your personal information.
6. INDEMNIFICATION
You agree to indemnify, defend and hold Copyright Exchange, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you. Copyright Exchange reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Copyright Exchange in the defense of any such claim, action, settlement or compromise negotiations, as requested by Copyright Exchange.
7. PRIVACY
Copyright Exchange respects your privacy and the use and protection of personal information, including any personal information you provide as part of soliciting more information about the Copyright ExchangeSM Seller, Buyer and Affiliate Programs. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
8. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
The Site is operated by or on behalf of Copyright Exchange in the United States and is intended primarily for residents of the United States, its territories and possessions, who are at least 18 years of age or older. This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and Agreement between you and Copyright Exchange and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of Tennessee applicable to contracts made, executed and wholly performed in Tennessee, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Davidson County, Tennessee and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree with us, to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Copyright © 2004 Copyright Exchange, LLC. All Rights Reserved.
Go to Terms of Use
www.CopyrightExchange.com
PRIVACY POLICY
We are committed to protecting our users' privacy. Keeping the information you share with us on the Site secure and ensuring your understanding of how we collect, use and maintain your information is important to us at Copyright Exchange. We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems.
Because of its importance and to make it easier for you to find and review it, we have made this Privacy Policy into a separate document on the Site. However, bear in mind it is a part of our Agreement with you and the terms and conditions contained in our Terms of Use describe how and when we may make changes to these statements and terms, and how they become binding upon you. Copyright Exchange reserves the right to modify this policy. Any changes to the policy will be posted on this page. Users are encouraged to check the page regularly as they will be bound by the changes once posted on the site.
Disclosure (General): Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Please see "Disclosure to Third Parties", below, for more information.
Overview: This Privacy Statement is intended to explain our privacy practices and inform you as to:
• the kinds of information we collect from users of the Site and how that information is collected;
• how we use the information;
• the circumstances under which we disclose information to third parties;
• how you can access, update or delete any information collected about you by us; and
• the mechanisms we have implemented to protect your personally identifiable information.
You can visit the Site and learn about our company and its services.
Personally Identifiable Information: When we use the term "personally identifiable information" we mean information such as your name, street address, town or city, state, zip code, telephone number, e-mail address and any other information that would allow someone to identify you or contact you. Personally identifiable information also includes information about your transactions or relationship with us, including if you have been a client of Copyright Exchange.
Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, personally identifiable information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information.
We collect personally identifiable information about you when you visit the Site and input information, whether you are requesting additional information about our services or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including personally identifiable information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
The personally identifiable information you provide to us, as well as any information, personal or otherwise, that you create and which may be saved on or in association with the Site, is used to provide you with better service. It allows us to save you time and money and better understand your needs. It also helps us help you learn more about your preferences and those services that may be of interest to you. For example, we track your information to assist us, whenever it may become necessary or appropriate, to contact you concerning services provided to you by us or any other activities associated with the Site. We may use your personally identifiable information to advise you of services that may be available from Copyright Exchange, its suppliers and advertisers.
Cookies: We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:
• keeping count of your return visits to the Site or our advertisers' or partners' sites;
• accumulating and reporting aggregate, statistical information in connection with the Site; and
• determining which features users like best.
Third Parties on our Site: Our Site may contain advertisements, references and links to other web sites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party advertising companies employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules may apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours, and even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and we encourage you to investigate and ask questions directly of them in this regard.
Disclosure to Third Parties: Except as described in this Privacy Policy, Copyright Exchange uses good faith efforts not to provide third parties with access to your personally identifiable information. We will, however, make your personally identifiable information available to others:
• When we have your consent (you "opt in") to do so, in which case their use of your information is subject to their own privacy policies;
• When we have retained companies to work with or on behalf of Copyright Exchange to provide services that you have requested;
• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
• if we believe your actions violate any law, regulation, our Terms of Use or any of our guidelines for services or any other features or functions of the Site, or if you threaten the rights, property or safety of Copyright Exchange, its suppliers, advertisers, other customers or users, or any other party;
• as and when we, in our sole discretion, believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
• in the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.
It is also possible that third parties may unlawfully intercept or access transmissions or private communications.
We do not sell or market your personally identifiable information to unaffiliated organizations.
Some of the aggregate user data we collect may be shared with advertising companies in order to enhance and improve the operation and relevance of the Site, but we do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies.
Communications from Us: If you provide us with your e-mail address, we may occasionally send you an e-mail. You may "opt out" of receiving e-mails from us by sending an email to us at info@copyrightexchange.com and including the words “opt out” in the subject line and your email in the body of your email.
Summary: Our privacy guidelines are designed to ensure that we:
• collect and use your personally identifiable information only as necessary to deliver high quality service, to administer our business and to let you know of services that are available from us;
• protect the personally identifiable information the Site's users share with us, maintaining strict standards of security and confidentiality. In this regard we even limit access by our own employees to those individuals who are trained and advised in the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes;
• not disclose your personally identifiable information to any external organization, except as we have described in this Privacy Policy or unless we have previously obtained your consent ("opt in");
• require any other organization that we retain or engage to provide services for us, to conform to our privacy standards and to allow us to audit them for compliance;
• make every effort to keep your personally identifiable information complete, up to date, and accurate based on the information you provide us.
Questions: If you have questions about our Privacy Policy or if you do not understand any of our information about how we collect, maintain, use or share your personally identifiable information, you may contact us by sending an email to info@copyrightexchange.com and including the words “Privacy Policy” in the subject line.
Sole Statement: This privacy statement is the sole statement of Copyright Exchange's privacy policy with respect to the Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.
Copyright © 2004 Copyright Exchange, LLC. All Rights Reserved.
Go to Terms of Use
www.CopyrightExchange.com
Copyright and Intellectual Property Agent for Notice
Copyright Exchange respects the intellectual property of others, and we ask our users to do the same.
If you believe that your work has been copied by Copyright Exchange or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated Copyright Exchange or any of its subsidiaries, affiliates, agents, representatives, licensors or suppliers, please provide Copyright Exchange’s Copyright and Intellectual Property Agent (see below) with notice that includes the following information (“Notice”):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you are seeking permission to use Copyright Exchange’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact us at info@copyrightexchange.com, not the Copyright and Intellectual Property Agent.
Copyright Exchange’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Chip Petree
General Manager/Vice President, Business Affairs
900 Division Street
Nashville, TN 37203
By phone: (615) 250-3939
By fax: (615) 726-0223
By email: cpetree@copyrightexchange.com
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Copyright © 2004 Copyright Exchange, LLC. All Rights Reserved.