These Terms and Conditions apply to your use of any products, services or websites provided by Transpose My Song LLC (“TMS”). Specifically, without limitation, these Terms and Conditions apply to “the Services” which include your use of the website located at (the “Website”) and any business you may do with TMS, specifically orders for transposing music (“Transposition Orders”). By proceeding to use any of the Services, as defined below, you expressly agree to and accept these Terms and Conditions.

Use of Services

You hereby understand and agree: (i) that your use of the Services is at your own risk; (ii) that the Services may not be provided on a continual and uninterrupted basis; (iii) that any material obtained from the Services is at your own discretion and your own risk, and that TMS shall not be liable for any damage that occurs to you or your property as a result of your actions; and (iv) that the nature and type of the Services may change at any time and without notice.

The Services are provided on an “as is” and “as available” basis. TMS 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.

Submission of Transposition Orders

Whenever you submit information to TMS, such as a name, e-mail address, or Transposition Order you specifically represent and warrant that such information is true and correct. To knowingly submit false information is a fraudulent matter, and will be treated as such by TMS. If you knowingly submit false information, including the information of anyone other than yourself, you hereby indemnify and hold TMS, its directors, officers, agents, employees, representatives, harmless against any and all claims, liabilities, damages and costs (including attorneys’ fees) arising out of or related to your entry of false information.

Copyright Policy

Whenever you submit a Transposition Order, you agree that you will not submit music, video footage, or other creative work (“Content”) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TMS all of the license rights granted herein. When you submit a Transposition Order you grant TMS a world-wide, royalty free and non-exclusive license to use, reproduce, modify, or adapt the Content solely for the purpose of fulfilling the Transposition Order.

Prohibition on Commercial Use

You hereby agree not to use, copy, reproduce, sell or in any other way exploit content from the Website including without limitation, the text, graphics, data, music or artwork located on the Website, for any commercial purpose whatsoever without the express prior written permission of TMS.


You agree to indemnify and hold TMS, and its subsidiaries, affiliates or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, and your submission of Transposition Orders.

Privacy Policy

As part of your involvement with TMS, you must provide us with basic information to allow us to carry on the business for which you contacted us. For example, as part of a Transposition Order you may need to provide names, email addresses, or billing information to develop an ongoing business relationship. TMS will not share this information beyond the needs to provide the Services.

Governing Law and Jurisdiction

The Terms and Conditions and the relationship between you and TMS shall be governed by the laws of the State of Texas. You and TMS agree to submit to the personal and exclusive jurisdiction of the courts located within Harris County, Texas.

Waiver and Severability

The failure of TMS to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

9 September 2008