THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE ONLY AND DO NOT PROVIDE A LICENSE TO THE MUSIC IN SCORE’S CATALOG. Music owners wishing to license their music to Score customers via the Score Film Music Marketplace may register for a Score account at http://owners.scorerevolution.com. Customers wishing to browse or search Score’s catalog of licensable music and obtain synchronization licenses may register for a Score account at http://scorerevolution.com. Music owners and Score customers must execute formal agreements with Score. Such agreements, rather than these Terms and Conditions, govern the upload, ownership, licensing, and use of Score’s music. In the event of any conflict between such agreements and these Terms and Conditions, such agreements shall control.

We may, for any reason, in our sole discretion, without notice or penalty, terminate, limit, change, suspend, or discontinue any aspect of the Site, including, but not limited to, Content (as defined below), features, hours of availability, and access.

You shall not upload, post, or transmit to, or distribute or otherwise publish through, the Site any materials that: (a) are protected by a third party’s copyright or other proprietary or intellectual property right, (b) are unlawful, threatening, indecent, pornographic, obscene, defamatory, harassing, or profane, (c) restrict or inhibit any other User from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising, promotion, or publicity of any kind, or false or misleading indications of origin or statements of fact. You also shall not: (a) impersonate, or misrepresent your affiliation with, any other person or entity, (b) harm minors in any way, (c) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site for commercial purposes, (d) engage in spamming, spoofing, or flooding; (e) attempt to gain unauthorized access to other computer systems through the Site, or (f) harvest, collect, or store information about the users of this Site or the Content posted by others on this Site. You may not upload, post, publish, reproduce, transmit, or distribute in any way any component of the Site or derivative works thereof.

We have the right but not the obligation to monitor the Site. We may refuse to post or remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions. Any or all postings on the Site may be purged periodically at Score’s sole discretion.

You represent and warrant that you have the right to post or upload to the Site any information, data, text, music, sound, photographs, graphics, video, messages, or other materials (“Content”) you post or upload. You understand that the Content may be transmitted over various networks and changed to conform and adapt to technical requirements of connecting networks or devices. You may not rely on the accuracy, completeness, or usefulness of any Content on the Site. The views expressed by you and other users of the Site do not necessarily reflect the views of Score, and Score does not support or endorse, and shall have no liability in connection with, any Content.

As between you and Score, Score owns all trademarks and servicemarks appearing on the Site and the copyrights and other proprietary rights in and to the Site and its contents. Use of the Site does not grant to you any license. We hereby reserve all rights.

You hereby grant to Score a royalty-free, unrestricted, transferable, world-wide, perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable (through multiple tiers of sublicense) right and license under all your existing and future proprietary and intellectual property rights to use, copy, modify, create derivative works from, distribute, publicly perform, and publicly display information or other material you provide to the Site, in any form, media, or technology now known or later developed.

You may be asked to provide certain personal information on the Site. You are solely responsible for the accuracy and content of information you provide. Score’s use of any such information shall be governed by our Privacy Policy at http://scorerevolution.com/privacy, which we urge you to read. Score does not solicit, nor does it wish to receive, any other confidential, secret, or proprietary information or other material. Except as set forth in our Privacy Policy, any information or material submitted or sent to Score will be deemed not to be confidential or secret. Any ideas, concepts, methods, systems, designs, plans, techniques, or other materials that you communicate to Score may be used in any manner.

Your access to the Site or any portion thereof may be terminated at any time, with or without cause or notice and in our sole discretion, effective immediately, including without limitation in connection with any conduct that is prohibited hereunder or any breach hereof. Any such termination shall be in addition to any other rights and remedies we may have under these Terms and Conditions or applicable law.

You agree to indemnify and hold harmless Score, its contractors, and its licensors, and our and their respective directors, officers, employees, attorneys, and agents (together, “Protected Parties”) from and against any and all costs, losses, liabilities, damages, claims, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your breach of these Terms and Conditions.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL ITS CONTENT, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, OR SALES, EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE PROTECTED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (ONE HUNDRED DOLLARS).

You may be able to link to third-party web sites (“Linked Sites”) from the Site. Linked Sites are not reviewed, controlled, or examined by Score in any way, and Score is not responsible for the content, availability, advertising, products, information, or use of user information or other materials of any Linked Sites or any additional links contained therein. These links do not imply Score’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of Linked Sites and any content contained thereon. In no event shall Score be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. Score may add, change, decline, or remove, without notice, any link to any of the Linked Sites from the Site and/or introduce different links to different sites. Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link to Score. We may deny any request or rescind any such permission at any time.

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling links to infringing material.

From time to time, we may modify these terms and conditions by posting new ones to the Site. You should check these Terms and Conditions periodically for modifications. New Terms and Conditions will become effective 30 days after they are first posted to the Site. We will email registered users notice of modifications to these Terms and Conditions 30 days prior to their becoming effective. If you are a registered user, you must ensure that your email address is correct and current in our records. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by such modifications. You shall cease using the Site of the modifications are not acceptable to you.

These Terms and Conditions constitute the entire agreement between you and Score concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Score or by the posting by Score of a revised version. Except to the extent applicable law provides otherwise, this Agreement and any access to or use of the Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. You hereby consent to the personal jurisdiction of such courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms and Conditions shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys’ fees. If any part of These Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition here or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. There are no third-party beneficiaries hereof. You may not assign your rights or obligations hereunder to any other party. Score may assign its rights without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Except as otherwise set forth herein, the provisions of these Terms and Conditions shall survive and termination hereof.

Any inquiries concerning these Terms and Conditions of use should be directed to [email protected].