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THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS
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ASCAP Web Site Terms of Use, Restrictions, Legal Notices, Online Privacy Statement

Introduction: Agreement

The American Society of Composers, Authors and Publishers ("ASCAP") welcomes you to its Web Site (the "Site"). By accessing this Site, you agree to be bound by these terms and conditions that govern your use of our Site (the "Agreement"). If you do not agree to these terms and conditions, please do not use the Site.

We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may change, move, delete portions of, or may add to, our Site from time to time. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Site.

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Copyright

Copyright © ASCAP. All rights reserved.

This site has been published since 1995 and is continuously updated and revised. Except as specifically permitted herein, no portion of the Materials (as defined below) posted on this Site, including but not limited to editorial and pictorial content, may be reproduced in any form or by any means without prior written permission from ASCAP. See Contacting ASCAP for contacts to obtain such permission.

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Trademarks

All pages on this Site, including the abbreviation for the American Society of Composers, Authors and Publishers ("ASCAP"), ASCAP's stylized abbreviation, logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, "Marks") of ASCAP or other third parties. ASCAP's owned or administered Marks include, but are not limited to ASCAP, ASCAP's logo, ASCAP EZ- Seeker, EZQ, ASCAP EZQ, ASCAP WEAR, ACE, ASCAP Member Card and SONGCODE. You are not permitted to use the Marks without the prior written consent of ASCAP, unless otherwise permitted herein, or such third-party that may own the Marks.

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Reporting Third-Party Posting of Infringing Material on Website

If you believe a third party has posted material that infringes your copyright through any ASCAP portal that permits the posting of third-party content, you must report such claimed infringement to ASCAP's copyright agent. If you believe a copyright infringement notice has been wrongly filed with ASCAP's copyright agent against you as a result of a mistake or misidentification, you should file a counter notification with ASCAP's copyright agent. The following sets out the required content of a notification of infringement and counter-notification under the Digital Millennium Copyright Act.




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Notification of Claimed Copyright Infringement

If you believe that your copyrighted work has been used and made available through the ASCAP website in a manner that constitutes copyright infringement please provide notice to ASCAP's copyright agent, the contact information for whom is set forth below.

As required by the Digital Millennium Copyright Act of 1998 ("DMCA"), this notice must include the following information (see 17 U.S.C. 512(c)(3)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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Counter Notification to Claimed Copyright Infringement

If you believe that a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent, the contact information for whom is set forth below. As required by the DMCA, the counter notification must include the following information (see 17 U.S.C. 512(g)(3)):

  • A physical or electronic signature of the subscriber;

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

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Repeat Infringers

ASCAP respects the intellectual property rights of others, is committed to complying with U.S. intellectual property laws including the DMCA, and will terminate all users who are repeat infringers of intellectual property laws.

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ASCAP Copyright Agent

Howard Girao
One Lincoln Plaza, 6th Floor
New York, NY 10023
Telephone: (800) 952-7227 

Email: WebSupport@ascap.com

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General Use Parameters and Restrictions

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software, services and written and other materials that are part of this Site (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to ASCAP or third parties (other than ASCAP, "Third-Party Providers"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ASCAP or the Third-Party Provider. No part of the Site, including logos, graphics, sounds, images, layout or design may reproduced or retransmitted in any way, or by any means, without the prior express written permission of ASCAP. You also may not, without ASCAP's prior express written permission, "mirror" any Material contained on this Site on any other server. Any use of these Materials on any other Web site or networked computer environment for any purpose is prohibited.

Nothing on this Site shall be construed as conferring any license under any of ASCAP's or any Third-Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download ASCAP's Materials on this Site provided that: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission specifically and expressly prohibits the downloading of any databases made available on this Site as information resources, including, but not limited to, the ASCAP Clearance Express ("ACE"). This permission terminates automatically without notice if you breach any of this Site's terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.

Documents specified above do not include the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights and may not be copied or imitated in whole or in part.

Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

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Special Use Conditions and Restrictions Regarding ACE


What is ACE?

ACE (“ASCAP Clearance Express”) is a searchable database that contains information on compositions in the ASCAP repertory that have appeared in ASCAP's domestic performance surveys, including foreign compositions licensed by ASCAP for public performance in the United States, as well as most works registered with ASCAP since January 1991, whether surveyed or unsurveyed. In addition, ACE lists copyrighted arrangements of works in the public domain.  ACE may also be used to determine whether a particular composer, songwriter or music publisher is a member of ASCAP.

In certain circumstances, ACE advises the viewer to "Contact ASCAP For More Information." This may occur if a work is not in the ASCAP repertory; if the publisher or administrator of a work is a publisher represented by a foreign performing rights organization; if the work is a collaborated work (that is, a work written by an ASCAP writer and a writer affiliated with another performing rights organization); if a publisher is a former ASCAP member; or if there is a dispute pending as to ownership or other rights with respect to the work.

Disclaimer as to ACE

The information contained in the ACE Database is updated weekly. The information has been supplied to ASCAP by various sources and ASCAP makes no representations as to its accuracy. ASCAP specifically disclaims any liability for any loss or risk which may be incurred as a consequence, directly or indirectly, of the use or application of any information provided in the ACE Database, or for any omission in the ACE Database. The presence of contact information for publishers in the ACE Database does not indicate that the publisher is willing to or interested in receiving correspondence or unsolicited materials from the general public.

Access to the ACE Database through this Site - and thus to ASCAP's repertory information - is subject to these terms and conditions of use. Your accessing ACE confirms your agreement to be bound by these terms and conditions that govern your use of this Site. These terms and conditions include the express prohibition against downloading or attempting to download ACE, which is made available as an information resource only. If you do not agree to these terms and conditions, please do not use this Site to access the ACE Database.

Using ACE

Those who access the ACE Database should be aware of the manner in which specific information with respect to writers and publishers is maintained and made available through ACE, and certain restrictions that may apply to the rights licensed by ASCAP on behalf of its members, as set forth below:

Please note the following with respect to Writer information:

  • The ACE Database contains the names of ASCAP writer members and the names of their co-writers who are either affiliated with other performing rights organizations, or not affiliated with any other organization.
  • ASCAP writer members' names may be accessed directly on ACE by searching under the writers' names. The names of writers affiliated with other U.S. performing rights organizations cannot be accessed directly using ACE and searching under those writers' names.
  • When you click on the title of a song, the names of ASCAP writers, and writers affiliated with foreign performing rights organizations whose works are licensed through ASCAP for performances in the United States, appear with a "magnifying glass" after their names; the names of co-writers affiliated with other U.S. performing rights organizations, or not affiliated with any other organization, have no "magnifying glass" after their names.
  • As noted above, the ACE Database contains the titles of works written and published by members and affiliates of foreign performing rights organizations and licensed by ASCAP for performances in the United States under agreements between ASCAP and more than 90 foreign societies. The names of the writers of works with such titles also appear with a "magnifying glass" after their names.
  • Occasionally, members resign from ASCAP and ASCAP continues to license performances of the resigned members' works. These resigned members' works will be listed in the ACE Database but the resigned members' names will not have a "magnifying glass" after their names.

Please note the following with respect to Publisher Information:

  • ACE provides publisher information for ASCAP publishers when a work is co-published with a non-ASCAP entity.
  • The publisher contact addresses in the ACE Database are intended for music users within the United States ONLY. Music users outside the U.S. should contact their local performance or mechanical rights organizations for publisher contact information applicable to them.
  • The publisher name and address that ACE provides as the result of a publisher address query or song title query is the contact publisher or administrator for a synchronization license, grand right, etc. This is not necessarily the copyright owner, who thus may not be represented on the ACE system.
  • THIS IS PUBLISHER INFORMATION, AND THUS, SHOULD NOT BE USED FOR RECORD LABEL PURPOSES.

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Use of Photographs

To report on and promote the activities of our members, customers and others in the music industry, ASCAP is proud to feature their photos on our web site, from time to time. However, if anyone whose photo appears on our web site would like to have it removed for any reason, we would be happy to honor that request. Please send such requests to the attention of ASCAP's webmaster, webmaster@ascap.com.

Please remember that reproduction or use of editorial or pictorial content in any manner is strictly prohibited without express written permission from ASCAP.

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Use of Software

The Software and accompanying documentation that may be made available to download from this Site from time to time are the copyrighted work of ASCAP and/or third parties. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you will not be able to use the Software.

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Submissions & Third-Party Content Disclaimer

You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, "Non-Approved Material"). You acknowledge that you are responsible for the Materials that you submit, and you, not ASCAP, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Materials provided by Third-Party Providers have not been independently authenticated in whole or in part by ASCAP. ASCAP does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ASCAP.

Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require ASCAP to report and fully cooperate with any law enforcement authorities or a court order requesting or directing ASCAP to disclose the identity of anyone submitting any such Materials.

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Disclaimer

This Site and the Materials herein are provided on an "as is" basis. ASCAP makes no representations or warranties, either express or implied, of any kind with respect to this Site or its contents. ASCAP disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In addition, ASCAP does not represent or warrant that the information accessible via this Site is accurate, complete or current. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that ASCAP shall not be liable for any damages of any kind related to your use of this Site. Price and availability information is subject to change without notice.

This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this Site. ASCAP may make improvements and/or changes in the Material(s), product(s) and/or the program(s) described in this Site at any time.

This Site can be accessed from other countries around the world and may contain references to ASCAP, ASCAP licenses, services, products, and programs that have not been announced in your country. These references do not imply that ASCAP intends to announce such licenses, services, products, or programs in your country.

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Indemnity

Except as specifically stated on this Site, neither ascap.com, ASCAP nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. You agree to defend, indemnify and hold harmless ASCAP and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your or related to your use of the Site or your breach of any of the foregoing agreements, representations, and warranties.

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External Links from the ASCAP Site - Generally

This Site contains links to third-party Web sites, which are not under the control of ASCAP. ASCAP makes no representations of any kind regarding the content or appropriateness of content on such sites, and you hereby irrevocably waive any claim against ASCAP with respect to such sites. When you access a third-party Web site from this Site, you leave this Site and you do so at your own risk. ASCAP is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these other Web sites. ASCAP permits or provides these links merely as a convenience. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. ASCAP's webmaster (webmaster@ascap.com) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this Site so that it can be determined whether any action should or can be taken from this Site which might respond to your complaint or concern.

The fact that a Web site has linked itself to this Site or that this Site has provided a link to another Web site does not constitute a waiver of any rights that ASCAP may have to license that other Web site in connection with the non-dramatic performance of any musical composition in ASCAP's repertory if that site is not otherwise licensed by ASCAP for the medium(s) by which such performances are being transmitted.

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Websites Seeking to Link

If you would like to link to ASCAP's Site, please read and comply with the following guidelines and all applicable laws. A Website that links to ASCAP's Site:

  • May link to, but not replicate, ASCAP's content.
  • Should not create a browser or border environment around ASCAP content.
  • Should not imply that ASCAP is endorsing it, its products, or any political, social or commercial position or statement.
  • Should not misrepresent its relationship with ASCAP, its members, officers or directors
  • Should not present false information about ASCAP, its services or activities.
  • May use the ASCAP Logos/Licensed Marks displayed on this Site in connection with the link to ASCAP's Site and only pursuant to Conditions for Use of ASCAP Logos
  • Should not be a Web site that infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks, violating any law or advocating illegal activity.
  • Should not be a Web site that contains content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

ASCAP expressly reserves the right to request that any link to ASCAP's Site be removed and to undertake whatever other action it deems appropriate.

Click here for more information.

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No Endorsements

No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site, nor does the inclusion of such links imply that ASCAP endorses or accepts any responsibility for the content or uses of such linked Web sites.

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Merchandise Sales

You assume total responsibility and risk for your use of the merchandise ordering service posted on this Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the merchandise ordering service. You understand that, except for information, products or services clearly identified as being supplied by ASCAP, all merchandise, information and services offered or made available or accessible through the merchandise ordering service are offered or made available or accessible by third parties who are not affiliated with ASCAP, but who have contracted to fulfill any orders placed with them for the merchandise being ordered. If you are dissatisfied with the merchandise ordering service or with any terms, conditions, rules, policies, guidelines, or practices of ASCAP in sponsoring this service, your sole and exclusive remedy is to discontinue using the service. Nonetheless, ASCAP's marketing and advertising department would appreciate hearing from you should you have any complaints or concerns about this merchandise ordering service; please address such comments to ASCAP's marketing department at marketing@ascap.com. ASCAP's marketing department would also appreciate hearing from you if you have any merchandise or other product suggestions that you would like to see offered.

Products, services, and programs posted on this Site may not be available in your country. References to any product, service or program do not imply that ASCAP or the vendor, as the case may be, will make available such products, services or programs in your country. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States.

ASCAP and its merchandise vendors have made every effort to display as accurately as possible the physical nature, including colors, of the merchandise being displayed on this Site. However, as the size and actual colors you see will depend on your monitor, neither ASCAP nor the particular merchandise vendor at issue can guarantee that your monitor's display will be accurate.

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Privacy Policy Generally

ASCAP is committed to respecting your privacy and recognizes your need for appropriate protection and management of personally identifiable information that you may share with ASCAP (i.e., any information by which you can be identified, such as name, address, and telephone number).

In general, you can visit ASCAP without telling us who you are or revealing any personal information about yourself. We may at times track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.

However, there may be times when we seek to collect personal information from you. It is our intent to inform you before we do that and to tell you what we intend to do with the information. You will have the option not to provide the information, and in the future you will be able to "opt out" of certain uses of the information. If you choose not to provide the information we request, you can still visit most of ASCAP's Site, but you may be unable to access certain options, offers, and services or certain secure pages used for licensee reporting and payment and accessing and sending other information.

ASCAP may selectively provide certain information to other companies or organizations whose products or services we think may interest you. If you do not want the information you provide to ASCAP to be shared with other companies and you indicate this preference when you provide the information to ASCAP, we will honor your preference.

ASCAP is not responsible for the content or privacy practices of third-party Web sites to which this Site may link or may be linked.

If you have any comments or questions regarding our privacy policy, please contact our webmaster at webmaster@ascap.com.

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ASCAP Privacy Policy for Online Membership Applicants

ASCAP will not use the personal information given on-line by applicants for ASCAP membership for any purpose other than the processing of the applicants' applications. If an applicant is accepted for membership, we will handle his or her personal information as we do all ASCAP members' personal information, using it only in furtherance of communications ordinarily exchanged with or engaged in with our membership body.

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A Special Word To Our Members

Personal data privacy is a new and evolving area. We are trying to do our best to maintain the accuracy and security of any personal information that you provide to us. We are working on tools that will allow you to review and update your information in the future from this Site. Members especially can help us by contacting us when you become aware of inaccuracies. See Contacting ASCAP.

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Privacy With Respect to 18 and Under

  • ASCAP's practices comply with the Children's Online Protection Rule of the Federal Trade Commission.
  • ASCAP encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on this Site.
  • No information should be submitted to or posted at ASCAP's Site by guests under 18 years of age without the consent of their parent or guardian.
  • Unless otherwise disclosed during collection, ASCAP does not provide any personally identifying information, regardless of its source, to any third-party for any purpose whatsoever.
  • No information collected from guests under 18 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside ASCAP, assuming ASCAP is aware that the Site visitor is under 18 years of age.
  • Guests' e-mail addresses are never posted on ASCAP's Site.

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Cookies

In order to improve our Site, ASCAP may use "cookies" to track your visit to the Site. A cookie, which is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you, functions as your identification card, recording your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (Some Site pages may require authorization and if so, cookies will not be optional. Users choosing not to accept cookies will likely not be able to access those pages.) While ASCAP may use cookies to track your visit to the Site and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided ASCAP with personal information.

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Local Laws and Export Controls

ASCAP controls and operates this Site from its headquarters in New York City, New York and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited, to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to Site visitors located in the United States.

You acknowledge and agree that all Materials herein are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from ASCAP, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required. By downloading or using Materials, including Software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by ASCAP from its offices within the County, City and State of New York, United States of America. By accessing this Site, you and ASCAP agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof. You and ASCAP also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commercial Part of the Supreme Court of New York County and the United States District Court for the Southern District of New York with respect to such matters. ASCAP makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where this Site's contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

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Termination

This Agreement is effective unless and until terminated by either you or ASCAP. You may terminate this Agreement at any time. ASCAP also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ASCAP's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ASCAP, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

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