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Terms of Service

Welcome to Lyrics 2 Literature

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY LYRICS2LITERATURE, LLC. ("LYRICS2LITERATURE" OR "LYRICS2LIT.COM). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE (THE "SITE") AND ALL SERVICES PROVIDED BY LYRICS2LITERATURE ON THE SITE. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Description of Service.

LYRICS2LITERATURE is a web-based tool available from the domain WWW.LYRICS2LIT.COM. This tool provides individuals an opportunity to create and/or sell music and media content ("Courses"). The service provided by LYRICS2LITERATURE is referenced herein as the "Service." LYRICS2LITERATURE at no time owns or sells any product for or on behalf of Individuals or publishers. Individuals who sell Courses via the Service are referenced herein and in the Service as "Sellers." Publishers who sell Courses via the Service are referenced herein and in the Service as "Publisher-Sellers." Sellers and Publisher-Sellers are referenced together, herein and in the Service, as "Sellers." Individuals who purchase Courses via the Service are referenced herein and in the Service as "Buyers."

This Terms of Service/User Agreement ("Agreement") governs your access to and use of the Service, whether in the capacity of a Teacher-Seller, Publisher-Seller, Teacher-Buyer, or visitor, including the finding, buying, posting, selling, and sharing of Courses, and participating in online forums, feedback loops, bulletin boards, wikis, and chats, which features and activities shall also be considered part of the "Service." Portions of the LYRICS2LITERATURE Service are publicly available to all visitors to the site. Other portions of the Service are available only to registered members who are Sellers, Publisher-Sellers, and/or Buyers (collectively, "Members"). By registering with LYRICS2LITERATURE or by using the Service in any manner – including, but not limited to, by visiting the www.LYRICS2LIT.com website – you acknowledge and agree to the terms stated in this Agreement. This Terms of Service applies to both visitors and Members.

2. The Service Is For Adults Only.

The Service is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use the Service.

3. Fees, Services, Pricing, and Payments.

A. Fees.

Service Fees. Sellers who wish to sell Courses on LYRICS2LITERATURE pay no membership fee. There is additionally no service fee for Buyers who purchase Courses from Sellers through the Site. LYRICSTOLITERATURE does not charge fees for listing an item for sale. We simply charge a 15% commission fee only when an item is sold.

B. Pricing of Courses.

Sellers are solely responsible for setting the prices for the sale of their Courses distributed through the Service, including for both electronic and physical materials, provided that such pricing (for items that are not offered free of charge) is not below the minimum price set by LYRICS2LITERATURE. The minimum price is subject to change; the then-current minimum price will be disclosed each time a Seller uploads a product for sale. Sellers are obligated to sell their Courses at the prices listed on the Service.

C. Agreement of Seller and Publisher-Seller to Pay Service Fees and to Upload or Ship Courses.

In consideration for the services provided by LYRICS2LITERATURE, you (Seller) agree to pay LYRICS2LITERATURE a service fee ("Service Fee") for all Courses you sell to Buyers through the Service. This Service Fee is 15% of the sale price of each item of digital Courses sold.

For each transaction, LYRICS2LITERATURE will automatically deduct the Service Fee from the price collected from Buyers through the Service, and then will distribute the remaining amounts to the Seller within two weeks of a sale. Please note, sales may take up to a week to process and may not be reflected in your account immediately.

If LYRICS2LITERATURE terminates a listing or your account, if you close your account, or if the payment of your LYRICS2LITERATURE fees cannot be completed for any reason, you remain obligated to pay LYRICS2LITERATURE for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact LYRICS2LITERATURE).

D. Agreement of Buyers to Pay for Purchases.

When you (Buyer) purchase original digital Courses you will have the ability to download the materials from your My Purchases page for as long as the materials are available through the Service. We may, in our sole discretion, make original digital Courses you purchase available indefinitely, but your access to such materials through your My Purchases page may be disabled if the material is removed from the Service, for example, by the original seller as a result of the original seller's account being closed or the materials being removed in response to an intellectual property complaint. For this reason, we encourage you to download any original digital Courses you may purchase, and to backup those materials accordingly. LYRICS2LITERATURE cannot restore access to, or provide copies of, purchased materials that have been removed from our Service.

You agree not to share your purchases with your colleagues unless you have purchased additional licenses. You agree not to post your purchased or freely downloaded files on the Internet.

You agree to pay in full for all Courses purchased through the Service, and agree that LYRICS2LITERATURE may charge your credit card, PayPal or other account for any Courses purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account. If you chose to pay via School Purchase Order, you agree that LYRICS2LITERATURE may charge your credit card or PayPal account for any Courses purchased, including any applicable shipping charges, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued to or in connection with your Member Account if the invoice submitted in connection with any School Purchase Order has not been paid within 30 days of the date on which LYRICS2LITERATURE invoiced your school.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SALES PRICES AND FEES, AND FOR PROVIDING LYRICS2LITERATURE WITH VALID CREDIT CARD INFORMATION OR PAYPAL ACCOUNT DETAILS FOR PAYMENTS OF ALL SUCH FEES AND CHARGES.

You agree that delivery of the Courses to you, whether electronically delivered or physically shipped and delivered to you, does not transfer to you any commercial or promotion use rights in the Courses. You agree that your use of the Service (including your purchase of Courses) constitutes your acceptance of and agreement to use the Service and such Courses solely in accordance with this Agreement, and that any other use of the Service or Courses may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. As a condition of use, you agree not to share your purchases with your colleagues unless you have purchased additional licenses.

E. Limitations.

Your direct interactions (if any) with other visitors to or Members of the Service, including the purchase of, sale of, payment for, and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that individual. Like with any web-based interaction, we suggest that you use caution and good judgment. You further understand and agree that LYRICS2LITERATURE is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Seller, Seller, or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other visitor's or Member's use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MEMBER OR VISITOR OF THE SERVICE), LYRICS2LITERATURE IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE LYRICS2LITERATURE FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales you make in connection with Service.

F. Refund Policy

All digital product sales are final and no refunds are available.

LYRICS2LITERATURE may in its sole discretion make certain exceptions to this policy on a case-by-case basis, for example if: a digital file is defective or a product description is materially deceptive or misleading. If such an exception is made, LYRICS2LITERATURE may issue to the buyer a refund for such purchase in any manner it deems appropriate, including without limitation in the form of store credit.

As a buyer, it is your responsibility to determine that you have the appropriate hardware/software to make use of digital files, that the file format is appropriate for your needs, and that the content you are purchasing is legal and noninfringing and suitable for your classroom, audience age and learning level. No refunds are available in these cases. Products removed from the Service due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.

If LYRICS2LITERATURE elects to issue a refund to a buyer, the amount refunded will be deducted from the seller's next Monthly Payout, provided however that if the seller's next Monthly Payout is less than the refund amount(s), LYRICS2LITERATURE may charge such refund amount(s) to the seller's credit card, PayPal account, or other payment processor account.

4. License Grants.

A. License Grants by Sellers to LYRICS2LITERATURE.

When you (Teacher-Seller or Publisher-Seller) submit or upload content on or through the Service, you retain ownership of any copyright you claim to your submitted content. However, by making your content available through the Service you automatically grant LYRICS2LITERATURE a royalty-free, perpetual, irrevocable (except as expressly set forth in this Agreement), non-exclusive, worldwide, sublicensable right to exercise any copyright, trademark rights publicity rights, and/or database rights (but no other rights) you have in the content, in any media now known or later developed, solely as reasonably necessary to make the Courses available through the Service. IF YOU CHOOSE TO CANCEL YOUR MEMBERSHIP AND LEAVE THE SERVICE, AND/OR HAVE REMOVED YOUR COURSES FROM THE SERVICE, THIS LICENSE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR MEMBERSHIP AND/OR REMOVE ALL SUCH COURSES, HOWEVER LYRICS2LITERATURE' LICENSE TO MAKE COURSES YOU HAVE SOLD PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT AVAILABLE TO MEMBERS WHO HAVE PURCHASED SUCH MATERIAL PRIOR TO CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT SHALL SURVIVE CANCELLATION OF YOUR MEMBERSHIP AND/OR REMOVAL OF SUCH CONTENT.

B. Seller and Buyer Representations and Warranties; Licenses to Other Users.

When you (Seller or Buyer) submit or upload content (including without limitation Courses) on or through the Service, you represent and warrant that (a) you have all the rights and/or licenses necessary to use, reproduce, publish, publicly display, publicly perform, distribute, and otherwise exploit such content in connection with the Service, including the right to grant to others all of the rights and licenses contemplated herein; (b) the content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your content to upload, transmit, publish, sublicense, and/or disseminate their name and/or likeness through the Service. You (Seller or Buyer) retain ownership of any rights – including, but not limited to, copyrights and trademark rights – you claim to your submitted content. As such you control the copyright licenses granted to a Teacher-Buyer and it is your responsibility to give notice to Buyers of the terms under which you offer your Courses to such Buyers. LYRICS2LITERATURE may, in its sole discretion, provide a means for Sellers to offer multiple licenses.

5. Registration Obligations.

In consideration of your use of the Service, you represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Member Data") and (b) maintain and promptly update the Member Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if LYRICS2LITERATURE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, LYRICS2LITERATURE has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.

6. Member and Visitor Conduct.

As a condition of using the Service, Members and visitors agree to all of the following:

- You must be a registered Member to buy or sell Courses through the Service.

- You are required to select a member identification ("Username") and password. You are responsible for maintaining the confidentiality of your Username and password. You should not disclose your password to anyone.

- You are responsible for all activity that occurs under your Username.

- You are solely responsible for your conduct and any content, materials or information that you submit, post, and display on the Service, or that is submitted, posted, and/or displayed on the Service under your Username.

- You agree that you will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the Service or used to administer the rules contained in this Agreement.

Further, while using the Service, Members and visitors agree not to:

- upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

- upload, post, email, transmit, or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;

- transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;

- violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);

- use the Service for any illegal or unauthorized purpose;

- impersonate any person or entity, including without limitation, a LYRICS2LITERATURE employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent;

- transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";

- sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by you without right of resale such as promotional materials or school market-restricted materials);

- manipulate the price of any item or interfere with other Members' listings;

- include hyperlinks, in products for sale on LYRICS2LITERATURE, to the website of any other platform or service offering or facilitating the sale of teaching materials or other educational products.

- advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

- provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

- disrupt the normal flow of dialogue with an excessive number of messages to the Service, or in any manner that otherwise negatively affects Members' and visitors' ability to use the Service;

- employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;

- attempt to gain unauthorized access to LYRICS2LITERATURE computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

- attempt to regain access to LYRICS2LITERATURE following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different Username;

- harass anyone on or through the Service;

- collect any personally identifying data about Members or visitors for commercial or unlawful purposes; or

- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved," and to develop, invoke, or utilize any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means you may use to access the Service.

7. Inappropriate User-Submitted Content.

LYRICS2LITERATURE prohibits certain user conduct and content described above and, without obligation, will use reasonable efforts to eliminate such conduct and content from the Service. Nevertheless, you acknowledge and agree that (i) LYRICS2LITERATURE is not and cannot be responsible for any content, information, or materials posted by users on the Service, (ii) you may be exposed to any such materials, information, or content, and (iii) you must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content. Without limitation of the foregoing, LYRICS2LITERATURE has the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Service, at any time for any reason, in LYRICS2LITERATURE'S sole discretion.

8. Links to Other Sites and Resources.

The Service contains links to other websites or resources. LYRICS2LITERATURE has no control over such external sites and resources. You agree that (i) LYRICS2LITERATURE is not responsible for the availability or accuracy of such external sites and resources, and (ii) LYRICS2LITERATURE does not endorse nor is it responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external website or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Copyright Policy

We respect the intellectual property rights of others, and we ask that our Members and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws, and is available at www.LYRICS2LIT.com/Copyright-Policy. By accepting these Terms of Service, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.

10. Privacy Policy

We take the privacy of our users' and Members' information very seriously. Our Privacy Policy is available at www.LYRICS2LIT.com/Privacy-Policy. By accepting these Terms of Service, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.

11. Indemnity

By accepting this Agreement, you agree to indemnify and hold LYRICS2LITERATURE and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorney fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body (including, without limitation, the Federal Trade Commission or any state attorney general), due to, arising out of, or relating to (i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of this Agreement (including our Copyright Policy and Privacy Policy), (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations, or rights of another.

12. Intellectual Property

LYRICS2LITERATURE and other LYRICS2LITERATURE graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of LYRICS2LITERATURE, LLC in the U.S. and/or other countries. LYRICS2LITERATURE's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

13. Warranty Disclaimers

LYRICS2LITERATURE, LYRICS2LITERATURE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LYRICS2LITERATURE'S SUPPLIERS PROVIDE LYRICS2LITERATURE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LYRICS2LITERATURE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LYRICS2LITERATURE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LYRICS2LITERATURE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY LYRICS2LITERATURE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LYRICS2LITERATURE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE SERVICE, AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LYRICS2LITERATURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE MEMBERS OF THE SERVICE; THAT MEMBERS WILL PERFORM AS PROMISED; ABOUT THE TRUTHFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE; ABOUT THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, PRICING, SHIPPING, DELIVERY, SECURITY, OR SAFETY OF ANY PRODUCTS OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY COURSES) LISTED FOR SALE ON THIS SERVICE; OR ABOUT ANY PRODUCT DESCRIPTIONS OR PRODUCT LITERATURE. LYRICS2LITERATURE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENTS OF THE SERVICE OR ANY PRODUCTS LISTED FOR SALE ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR CONTENT POSTED, EMAILED, TRANSMITTED, SOLD, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. LYRICS2LITERATURE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LYRICS2LITERATURE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY SELLERS OR BUYERS). AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ADDITIONALLY, LYRICS2LITERATURE IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM MEMBERS DIRECTLY CONTACTING OTHER MEMBERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

14. Limitation of Liability

YOU AGREE THAT LYRICS2LITERATURE, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. LYRICS2LITERATURE's LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT BE, IN THE AGGREGATE, GREATER THAN THE LESSER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO LYRICS2LITERATURE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SERVICE AND AGREEING TO THE TERMS OF THIS AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.

15. Termination

We reserve the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Member Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. You may terminate your Member Account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

16. Miscellaneous Provisions

- Ownership of Site. With the exception of the Courses, this site, the Service, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the "LYRICS2LITERATURE Content"), including without limitation the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content is owned, controlled, or licensed by or to LYRICS2LITERATURE, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no LYRICS2LITERATURE Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without LYRICS2LITERATURE's express prior written consent.

- Entire Agreement. The Terms of Service, including LYRICS2LITERATURE's Copyright Policy and Privacy Policy, which are incorporated by reference above, constitute the entire agreement between you and LYRICS2LITERATURE and governs your use of the Service.

- No Guarantee. LYRICS2LITERATURE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LYRIC2LITERATURE's control.

- No Agency. You and LYRICS2LITERATURE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

- Choice of Law. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America

- Dispute Resolution_: Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in Wellington, Florida except that to the extent you have in any manner violated or threatened to violate LYRICS2LITERATURE's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any dispute or controversy arising out of or related to the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other available remedy, all reasonable costs, including without limitation court costs, attorneys' fees, and other expenses incurred in such proceeding.

- Waiver and Severability. The failure of LYRICS2LITERATURE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

- Notices. LYRICS2LITERATURE may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

- LYRICS2LITERATURE may change or amend these Terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

- Future Changes in the Service. LYRICS2LITERATURE reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. LYRICS2LITERATURE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

- Assignment. LYRICS2LITERATURE may assign this agreement to any successor or purchaser of LYRICS2LITERATURE or all or substantially all of its assets.

- Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

- Contact Information. Please send any questions or comments, for Customer Service, or to report any violations of this Agreement, to info@lyrics2lit.com

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