Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Service ("TOS") Agreement was last updated on May 21, 2009.

This TOS sets forth the standards of uses of the Song Ventures, LLC Online Service for Registered Members. By using the SongNation.com website you (the "Member") agree to these TOS and their terms and conditions. If you do not agree to this TOS and its terms and conditions you should immediately cease all usage of this website and the Service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SongNation.com website and it is the Member's obligation to review these TOS each time that the Member reviews or uses the website or Service . Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the TOS and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

   Song Ventures, LLC is providing Member with a song presentation and storage service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties.

   The site is provided by Song Ventures, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Song Ventures, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Song Ventures, LLC shall have no liability for any interruptions in the use of this Website. Member should at all times maintain their own "back-up" copies of any sound recordings or musical compositions or text stored with the Service. Song Ventures, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
   

   SONG VENTURES, LLC SHALL NOT be liable for any damages whatsoever, and in particular SONG VENTURES, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SONG VENTURES, LLC has been advised of the possibility of such damages.

   SONG VENTURES, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONG VENTURES, LLC OR THROUGH OR FROM THE SERVICE OR OTHER MEMBERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

   SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

   Member agrees to indemnify and hold Song Ventures, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Members Account

   All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Song Ventures, LLC of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Song Ventures, LLC. You also agree to provide true, accurate, current and complete information about yourself and maintain and promptly update your information keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Song Ventures, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your Service and rights to access the website may be suspended or terminated.

6. Modifications and Interruption to Service

   Song Ventures, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Song Ventures, LLC shall not be liable to Member or any third party should Song Ventures, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Song Ventures, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites and Advertisements

   Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. We may also include advertisements on our website or within the Service. You also understand and agree that the Service may include advertisements and that these advertisements are necessary to provide the Service. You also understand and agree that the Service may include certain communications from Song Ventures, LLC, such as service announcements, administrative messages and newsletters, and that these communications are considered part of our Service and your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new versions, shall be subject to the TOS. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Vendor Information

   Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Song Ventures, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

   Song Ventures, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts of Illinois

   Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois. By using the Service, you, as a Member, are entering into a contract, and any action, suit or proceeding related to the interpretation, effect, or implementation of our Service, shall be brought in the state or federal courts in Illinois, nearest to our main headquarters at the time.

10. Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation, including but not limited to any copyright infringement action.

11. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2009 Song Ventures, LLC, with all rights reserved, or is the property of Song Ventures, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Song Ventures, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Song Ventures, LLC.

    Song Ventures, LLC™ and SongNation.com™ are proprietary marks of Song Ventures, LLC. Song Venture, LLC's trademarks may not be used in connection with any product or service that is not provided by Song Ventures, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Song Ventures, LLC.

    All other trademarks displayed on Song Ventures, LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Song Ventures, LLC.

12. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SongNation.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail:
    Song Ventures, LLC
    410 S. 10th St.,
    Quincy, IL 62301
    By Telephone: 312-788-8398
    By Email: info@songventures.com
    

13. Botnets

    Song Ventures, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Song Ventures, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Content.

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Song Ventures, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Song Ventures does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Song Ventures, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

    Song Ventures, LLC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion, you grant Song Ventures, LLC a worldwide, royalty-free and non-exclusive license for any and all uses in the Service or on the website, including but not limited to the right to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or website. If you discontinue your Membership in the Service, we may still advertise that you or your company used our Service in the past and may display the titles and lyrics of any song titles, authors names, or bios of same on the website.

15. No Public Performance Allowed.

    Song Ventures, LLC strictly prohibits the use of this Service in any way as a streaming performance service for public use. Each stream or performance of any sound recording or musical composition is for the sole purpose of private presentation to the intended receiver; therefore, if any public performance licenses of any sound recordings or musical compositions are required, such shall be the sole obligation of the Member and the Member will indemnify and hold Song Ventures, LLC harmless from any costs action, suit or proceeding related to same.

16. No Resale of Service

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service.

17. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Song Ventures, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement

18. Statute of Limitations.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.