Terms of Use

1. Additional Terms

Before accessing and using certain Services available through our site, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms, including (“Additional Terms”). Additional Terms may be presented online or offline, in electronic or hardcopy form. If you are an individual accessing or using the Services on behalf of a company, organization, or entity (such as your employer), you acknowledge and agree that your access and use of the Services may be governed by Additional Terms entered into by that company, organization, or entity. To the extent of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement of a parent or guardian.

3. Service Use

You agree that when using the Services, you will not engage in or attempt to engage in improper uses. Improper uses include violating these Terms and any applicable law or regulation.

Improper uses also include: (a) copying, scraping, or collecting content or data from the Services by automated means, including to train artificial intelligence or machine learning models, without the Company’s written permission; (b) interfering with, disrupting, or attempting to gain unauthorized access to the Services or their security; (c) submitting false, misleading, or unlawful information, or impersonating any person or entity; and (d) using the Services to infringe the intellectual property or other rights of anyone.

4. Intellectual Property & Trademarks

Watershed Music Group® is a federally registered trademark and is the sole property of its owner. All content, digital products, resources, and any other proprietary written or visual work on this website are owned by the respective parties and protected by federal trademark and copyright law, as applicable. Infringement of these rights could place an infringer in significant liability. The contents of this website are only to be used with the permission of the copyright and trademark holder’s express consent.

5. Submissions

Unless the Company has agreed otherwise in a signed writing, any music, recordings, lyrics, demos, ideas, proposals, or other materials you send to the Company, including through the Services or by email (“Submissions”), are not confidential, and the Company has no obligation to review, return, use, or compensate you for them. You represent that you have the right to send any Submission. The Company and its affiliates may already be developing, or may receive from others, material similar to your Submission, and you agree that receiving your Submission does not limit the Company from creating, acquiring, or exploiting similar material. Sending a Submission does not create any relationship between you and the Company; any agreement must be in a signed writing.

6. Copyright Complaints

If you believe that content on the Services infringes your copyright, please send a written notice to the addresses listed on the Legal Notices page. Your notice should identify the copyrighted work; the material you believe infringes it and where it appears on the Services; your name, address, telephone number, and email address; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and your physical or electronic signature.

7. All Sales Final

Unless a separate agreement says otherwise, all fees and payments for the Services, including license fees, are final and nonrefundable once paid, except where the law requires otherwise or in the case of a billing error, such as a duplicate charge. The scope, term, and fee of any license are set out in its license agreement, which governs if it conflicts with these Terms. If we cannot grant a license you have paid for, we will refund the fee.

8. Privacy

When you use or access the Services, you authorize the Company to collect certain information about you, your use of the Services, and the Services' performance and to use, transmit, process, and store that information in accordance with our Privacy Policy.

9. Changes To These Terms

The Company reserves the right to change these Terms at any time and upon notice. The Company may give notice by making the updated Terms available through the Services, sending you an e-mail, or by any other reasonable means. Use of the Services after the update of any Terms date will constitute your acceptance of the updated Terms.

10. Third-Party Websites and Links

The Services and Content may contain links or references to third-party websites (“Linked Sites”), including websites that are wholly owned or partially owned by the Company. The Company is not responsible for the privacy policies, practices, or the content of such websites, as such responsibility belongs to the website owner.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our services are provided “AS-IS,” “WITH ALL FAULTS,” and “AS AVAILABLE,” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY: (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SERVICES ACCESSED ARE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.

12. Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, CONTENT, OR USER CONTENT, EVEN IF THE COMPANY OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES AND NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE COMPANY WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE COMPANY HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold the Company and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your material (including anything you submit to us) or your use of the Services; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. In addition, the Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In this event, you will fully cooperate with the Company in asserting any available defenses.

15. Governing Law and Venue

These Terms will be governed by and construed under the laws of the State of Texas without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in the State of Texas, in the County of Dallas, for any and all disputes, claims, and actions arising from or in connection with the Services or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

16. General

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive unless qualified by terms like “only” or “solely.” The Company’s failure to act concerning a breach by you or others does not waive its rights to act concerning subsequent or similar breaches. A waiver will only be binding on the Company if it is in a written document signed by the Company. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants, and restrictions will remain in full force and effect. You and the Company intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and the Company agree that if any provision is deemed unenforceable, it will be modified to the extent necessary to make it enforceable, including its deletion. The Company may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you. These Terms will be binding upon and inure to the benefit of the Company’s successors and assigns. These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and the Company concerning the Services. Both you and the Company warrant to each other that, in entering this agreement, neither the Company nor you has relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you or the Company, and the Company’s successors and assigns, will have any right to enforce these Terms.

17. Contact Information

The Company may give you all notices (including legal process) that the Company is required to give by any lawful method, including by making such notice available through the Services or on the Company’s website or by sending it to any e-mail or mailing address you provide to the Company. You acknowledge that if you do not provide the Company with current and accurate contact information, the Company may not be able to contact you. You agree to send any notices by mailing them to the addresses listed on the Legal Notices page.