Welcome to the Copyright Society of the USA (“the Copyright Society”) website, having the domain name of www.copyrightsociety.org/ (the “Site” or “Website”). This Site is owned and controlled by the Copyright Society and is operated with the assistance of certain third parties. 

These Terms of Use are entered into by and between you and the Copyright Society. The following Terms of Use, together with the Privacy Policy, and other disclaimers that appear elsewhere on the Website, which are incorporated herein by reference (collectively, the “Terms”), govern your access to and use of the Website, including any functionality and services offered on or through the Website. In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). For example, the Purchase and Subscription Terms govern your online purchases of subscriptions.  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

Please read the Terms of Use carefully. 

By accessing to using the Website, you accept and agree to be bound and abide by these Terms of Use and be liable to the Copyright Society.  If you do not agree to these Terms of Use, you must not access or use the Website, and may not create or maintain a link to the Website.  

1. Intellectual Property; Reservation of Rights.

a) The Copyright Society and its licensors own all rights in the Website and all features and materials on the Website, including (but not limited to) text, computer programs, products, processes, technology, images, illustrations, designs, icons, photographs, sound recordings, video and audiovisual clips and other content, and the copyrights, trademarks, trade dress, patents and/or other intellectual property in such materials, and the look and feel of the Website (collectively, the “Contents”) Neither these Terms nor access to the Website confer any license to the Contents, except as expressly provided in Paragraph 2 of these Terms.   

b) The Copyright Society and its licensors reserve all rights not expressly granted by these Terms. 

c) The Copyright Society’s name and logos and all related product and service names, brand colors, design marks and slogans are the trademarks or service marks of the Copyright Society. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner. 

d) You agree not to contest or infringe these rights, directly or indirectly, at any time, or to assist, encourage, or enable any third party to do so.  

2. License by Copyright Society to you.  The Copyright Society grants to you a revocable, limited, nonexclusive license for the duration of your current viewing session to access, download and print only one copy of the Contents, solely for personal and non-commercial purposes, and no other purposes, and subject to the limitations set forth in these Terms.  This license will terminate immediately upon any breach by you of these Terms , or at any other time upon notice to you.  All rights not expressly granted in these Terms of Use are reserved. 

3. Limitations on Your Use of Website and Contents.  Except as expressly provided under these Terms of Use (or upon the Copyright Society’s express prior written consent), you may only use the Website and the Contents for your personal, non-commercial use.  You may not: 

a) distribute, copy, reproduce, publish, transmit, publicly display, publicly perform, adapt, edit, modify, create derivative works from, sell, license, rent, modify, frame in another website, use on any other website, and/or exploit for commercial use in any way, any of the Contents provided through or obtained from the Website, including by email or other electronic means, without the prior written consent of the Copyright Society; 

b) circumvent any technological measures or features of the Website that are intended to or effectively control access to the Contents, or any other protected content or information included on the Website (such as robot exclusion headers or password-protected or private areas of the Website); 

c) use any robot, spider, scraper or other automated means to access the Website for any purpose without the Copyright Society’s express prior written consent; 

d) unless otherwise specified, the Website and the Contents are intended to promote the Copyright Society’s products and services available in the United States.  

e) take any action that imposes or may impose (in the Copyright Society’s sole discretion) an unreasonable or disproportionately large load on the Copyright Society’s infrastructure;  

f) post any Content that violates the Site Rules as set forth in paragraph __ below; 

g) link to the Website in a manner that is likely to damage or take advantage of the reputation of the CSUSA Parties (as defined in paragraph __ below) or suggests any form of association, approval, or endorsement on the part of the CSUSA Parties. 

h) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or 

i) bypass Website owner’s robot exclusion headers or other measures the Copyright Society may use to prevent or restrict access to the Website.  

4. Site and User Content Rules.   

a) No confidentiality.  Any comments, suggestions, ideas, materials, and other submissions that you send to the Copyright Society, whether through the Website or by email, mail, telephone, at our physical locations or otherwise, or in any social media Arelated to or associated with us (including, e.g., social media posts that tag or reference the Copyright Society) (“User Content”) are provided on a non-confidential and non-proprietary basis.  

b) License From You to CSUSA Parties.  By submitting User Content, you are granting the CSUSA Parties (as defined in paragraph __) a nonexclusive, irrevocable, royalty-free, fully paid, worldwide license in any medium now known or hereafter developed to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works, and including commercial and promotional uses consistent with the Copyright Society’s nonprofit mission. 

c) Content Restrictions.  You agree not to post any User Content that: 

i. Violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; 

ii. Contains any material that is libelous, unlawful, abusive, offensive, obscene, harassing, or otherwise objectionable; 

iii. Contains pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law; 

iv. Promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender, transgender status, or age; 

v. Is likely to deceive any person; 

vi. Impersonates any person or misrepresents your identity or affiliation with any person or organization; 

vii. Involves commercial activities or sales, including sales promotions, contests, or advertising; or 

viii. Gives the impression that they originate or are endorsed by the Copyright Society or any related person or entity. 

d) Responsibility for User Content.  You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy, and appropriateness. The Copyright Society reserves the right to monitor, modify or delete any User Content, in our sole discretion, but the Copyright Society is not obligated to do so. 

5. Account Termination.  The Copyright Society reserves the right to disable and/or terminate the accounts of users who submit infringing or otherwise improper content, or who otherwise violate these Terms. The Copyright Society may discontinue all or part of the Website at any time. It may block, limit or terminate your access to the Website for any reason, including if:  

a) you violate these Terms, any Additional Terms, or any other agreement with the Copyright Society;  

b) you violate any applicable law or regulation relating to your use of the Website or the Contents;  

c) you engage in any conduct which the Copyright Society, in its sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others;  

6. Your Representations and Warranties.  You represent and warrant to the Copyright Society that any information you provide on the Website will be true, accurate and complete, and will not violate any law, statute, ordinance, regulation, or these Terms (including, but not limited to, the Limitations on Use and Site and User Content Rules)s.  

7. Linking to the Website and Social Media Features.  You may link to the Website, provided you do so in a manner consistent with the Limitations of Use in these Terms.  You agree to cooperate with the Copyright Society in causing any unauthorized framing or linking immediately to stop. The Copyright Society reserves the right to withdraw linking permission without notice. The Copyright Society may disable all or any social media features and any links at any time without notice in our discretion. 

8. No Warranties; Exclusion of Liability.  YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING: 

a) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENTS AND USER CONTENT (DEFINED BELOW), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COPYRIGHT SOCIETY AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “CSUSA PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AND/OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENTS; (C) USER CONTENT D) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE WEBSITE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE CSUSA PARTIES OR VIA THE WEBSITE.  IN ADDITION, THE CSUSA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENTS AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CSUSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.  THE CSUSA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE CSUSA PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CSUSA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. 

b) UNDER NO CIRCUMSTANCES WILL THE CSUSA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, STATUTORY, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) THE CONTENTS; C)USER CONTENT (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CSUSA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CSUSA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE CSUSA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CSUSA PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO THE COPYRIGHT SOCIETY, IF ANY). 

9. Indemnification.  You agree to indemnify and hold harmless the CSUSA Parties from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Website or its Contents, including but not limited to claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including (but not limited to) any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; and (iv) the Copyright Society’s use of your information. You agree to promptly notify the Copyright Society and cooperate fully with the Copyright Society in the defense of any claim. The Copyright Society reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you. 

10. Governing Law.  These Terms of Use are governed by the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.  

11. Dispute Resolution.  

a) Good-Faith Negotiation.  Most user and member concerns can be resolved quickly and to the satisfaction of the user or member by contacting the Copyright Society directly.  In the event of a dispute arising out of or relating to this agreement; the interpretation of this agreement; any actual or alleged breach of this agreement; your use of the Website; your purchase of products or services; or your enrollment in, or terms of, memberships via the Website (“Dispute”), you shall first provide written notice to the Copyright Society of the substance of the Dispute, and you and the Copyright Society shall then meet (by telephone, virtual communication platform, or in person) and work in good faith to resolve such Dispute for a period of no less than 30 days.  

b) Binding, Confidential Arbitration.  In the unlikely event that the parties are unable to reach a negotiated resolution of any Dispute pursuant to paragraph 11(a), such Dispute shall be submitted to binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules.  Claims shall be heard by a single arbitrator and shall take place on an individual basis to the maximum extent permitted by law; class arbitrations, class actions, r representative arbitrations are prohibited.  The place of the arbitration shall be the county of your registered or billing address, but the proceedings may be conducted remotely by virtual communication platform if the parties so agree. Case management conferences and other pretrial hearings shall be conducted remotely, either by telephone or by virtual communication platform, unless the parties agree otherwise.  Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The arbitrator shall have the power to decide the scope of this arbitration provision and arbitrability of the Dispute; and to award interim and permanent injunctive relief.  The arbitrator shall follow applicable law, and shall not have the power to commit manifest errors of law or legal reasoning.  Any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. The arbitrator shall render a reasoned opinion, and any award may be entered in any court with jurisdiction over the award. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.     ,  

c) Intellectual Property Claims.  In the event of a Dispute involving intellectual property rights (copyrights, trademarks, trade secrets, or patents), the arbitrator shall have at least 10 years’ experience litigating claims within the applicable area of law. 

d) Small Claims Court Proceedings.  Notwithstanding the foregoing, either you or the Copyright Society may bring any Dispute in the Small Claims Court in New York City, subject to that court’s subject matter jurisdiction.   

e) Waiver of Right to Jury Trial.  By agreeing to these Terms and to this Paragraph 11, you and the Copyright Society each agree to waive the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. 

f) Federal Arbitration Act.  These Terms, and this paragraph 11, evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms and/or your relationship with the Copyright Society for any reason. 

g) YOU AND THE COPYRIGHT SOCIETY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (g) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (g) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.  

h) Notwithstanding any provision in this Agreement to the contrary, if the Copyright Society makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Website, you may reject any such change and require the Copyright Society to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a Dispute between us arises, by providing Notice to the Copyright Society at the Notice Address in subsection (b) above. 

12. Waiver and Severability.  No waiver by the Copyright Society of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Copyright Society to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  If any provisions of these Terms shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

13. Investigations; Cooperation with Law Enforcement.  The Copyright Society reserves the right to: (i) investigate any suspected breaches of the Website’s security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (iv) prosecute violators of these Terms. 

14. Miscellaneous.  These Terms supersede any prior agreements or understandings between you and the Copyright Society not incorporated into these Terms. In the event of any inconsistency between these Terms and any future posted Terms of Use, the last posted Terms of Use shall control.  There are no third-party beneficiaries of these Terms. 

15. Changes to These Terms of Use.  The Copyright Society reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms at any time. Such revisions shall be effective immediately upon posting on the Website. By using the Website or creating, maintaining, or using, if authorized by the Copyright Society, a link to the Website, after the Copyright Society has posted any modifications, updates or revisions, you agree to be bound by such revised Terms. In addition to these Terms, additional terms (as may be contained on the web pages of the Website) may govern use of certain web pages within the Website or the creation, maintenance and use of a link to the Website. Provided that such additional terms are not contrary to these Terms, by accessing and using such web pages, and creating, using, and maintaining a link to the Website, you agree to be bound by such terms.