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This legal notice (drafted on March 23, 1999 and reviewed on December 22, 2006), describes the rights and obligations of Virtual Sheet Music (identified as "Vendor") and the musician/client/guest/member
(identified as "Customer").
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| VENDOR RIGHTS & OBLIGATIONS: |
1) Vendor agrees to provide all purchasable sheet music in PDF digital format exclusively.
2) Vendor will offer Customer a choice of delivery of all purchased music:
either
via direct download or via e-mail attachment. All files are to be
provided in PDF
format (*.PDF), complete with all parts. Delivery via conventional
mail, either
in print or other graphical formats, is not available at this time.
3) Vendor guarantees that Customer will receive full assistance in matters
concerning download operations, both before and after payment has been
made. Vendor declines to accept any responsibility, in any form, for
any
damages and losses incurred by Customer.
4) Vendor is not responsible for any problems related to Customer's
Internet
connection, web browser, computer configuration or other software used before, during or
after
a site browsing session or a file download operation.
5) Vendor provides complete assistance to Customer with any questions
related to the purchased music.
6) Vendor is not responsible for Customer's intended and/or actual usage
of any purchased music and whether such usage causes harm to any third
party.
7) Vendor is not responsible for any information / suggestions / advice
contained
in the "Forums" section. Should such pages contain any
statement(s)
which could be construed as offensive to a site visitor or to
Customer, Vendor
shall take immediate action and remove or edit the statement(s) in
question. Vendor is not obligated to accept and/or implement any such request/recommendation posted in "New Sheet Music Suggestions Forum" page, even if posted by members.
8) Vendor is not responsible for any malfunction and/or poor
performance of its web site. In such cases, Vendor, upon notification from Customer
or visitor,
agrees to take the necessary steps to attempt to resolve the
problem(s).
9) Vendor guarantees that if any Virtual Sheet Music paid product or service fails to meet Customer's expectations, Vendor will refund the full cost of the products or service. Vendor states that conforming to the new Visa/MasterCard regulations, the refund period is limited to 90 days after purchase. After that period the Customer can request a refund only through his bank.
10) Vendor is not responsible for any problem(s) and/or complaints arising
from payment processing, which is done via PayPal® Payflow gateway service (formerly managed by VeriSign®).
11) Vendor has adopted privacy rules which conform to Online Privacy Alliance guidelines in order to preserve Customer's privacy. Read our Privacy Policy for more information.
| CUSTOMER RIGHTS & OBLIGATIONS: |
1) Customer shall not hold Vendor liable for any matter outside of its
sphere of responsibility, or for any problem outside the scope of this web site.
2) Customer agrees to read and abide by the regulations regarding copyrights
and
License Agreement, as outlined in this legal notice.
3) Customer shall not hold Vendor legally responsible for any malfunction of
this web site, for lack of satisfaction with a purchase, or any other matter
resulting from a transaction made via this web site.
4) Customer acknowledges that Vendor cannot and will not deliver any purchased music via conventional mail, neither in printed format nor in other graphical formats that are not "PDF".
5) Customer understands that any purchased music will be made available
for download only following payment made through PayPal® Payflow gateway (credit card processing, formerly managed by VeriSign®), Telecheck® or other method agreed with Vendor.
6) Customer is aware of Paragraph 4 as described earlier in
"Vendor's Rights
& Obligations", regarding problems resulting from Customer's Internet connection, hardware and software used during browsing and downloading, etc.
7) Customer who is subscribed as a Member agrees not to abuse unlimited access to Virtual Sheet Music archives, engage in mass-downloading of sheet music, or congest the server with consequential damage to other users.
8) Customer agrees not to divulge, publish on a web, sell, or give to a third party any music purchased, without Vendor's prior consent.
9) Customer is aware that a refund cannot be requested directly by the Vendor after 90 days from the date of the purchase of the product or service (see point No. 9 of the "VENDOR RIGHTS & OBLIGATIONS" above).
10) Customer unerstands and accepts that Vendor is not responsible for any/all information/comments/advice posted on the Forums.
11) Customer understands and accepts that, due to copyright issues, published works marked as "for U.S. customers only" are usable by U.S. customers only and not by customers from other countries. In the same manner any work marked as "not for U.S. customers" is not usable by U.S. customers, but by customers from other countries only. Please read all details in the Copyrights section below. The Vendor is absolutely not accountable for Customer negligence in this regard.
12) Customer is aware that, in the event of litigation of any kind with Vendor, the prevailing party will be entitled to recover attorney fees and expenses from the other party.
13) Customer unconditionally accepts the contents of this document, both before and after a music purchase, and understands and accepts that this license agreement is governed by the laws of the state of California (USA) where the VIRTUAL SHEET MUSIC, Inc. firm resides.
1) Virtual Sheet Music only distributes classical music, especially music of the 17th, 18th, 19th and 20th centuries, with few exceptions. Excluded are those composers who have their own copyrights, or whose copyrights are held and protected by editors, associations, institutions and heirs (in particular, composers deceased after date 1935 or 1922 for French, Belgium and Spain users). United States customers can only obtain composers' works published before 1923, since in the US or Australia such compositions are considered in the public domain. In the same manner some title published after 1923 can be copyrighted in the US or Australia and thus only usable by customers from other countries (such titles are marked where necessary). Users should be aware of such restrictions when they apply for a Membership since some title might be restricted due to the above mentioned copyright law.
2) In no case can Vendor make available for purchase any music whose copyrights are currently exclusively held by others.
3) Customer agrees not to violate any Vendor's copyrights on all distributed
PDF documents (music and text) and on these web pages. All duplication, reproduction, sale and advertising of the aforementioned documents is strictly forbidden without prior written consent from Vendor.
4) Customer is aware that Virtual Sheet Music® and Classical Sheet Music Downloads® are trademarks of Virtual Sheet Music, Inc. in the US and other countries.
5) Customer agrees to respect the terms of the following "License Agreement".
Carefully read all terms and conditions of this license agreement prior to downloading files from the Virtual Sheet Music website. The download of all or any portion of our music indicates your agreement to the following terms and conditions and the above Legal Notice.
Virtual Sheet Music grants you, the purchaser, a non-exclusive license to
use the files in your download (the PDF sheet music) under the terms and conditions stated in this agreement.
You may:
1) Make one copy of the PDF sheet music file(s) solely for back-up purposes.
2) Print the PDF sheet music file(s) for your personal purposes. (performances, personal study, musical teaching, etc.)
You may not:
1) Distribute copies of the PDF sheet music file(s) in whole or in part except as expressly provided for in this agreement (as stated above, it is always allowed to distribute parts for personal purposes such as to other instrument players in order to play in an ensemble or for music teaching).
2) Make alterations or modifications to the PDF sheet music file(s) or any copy, or otherwise attempt to discover the source code of the PDF sheet music file(s), extract, copy and paste the content of the PDF sheet music file(s) in another or new document.
3) Sub-license, lease, sell, rent or grant others any rights, or provide
copies to others, except for how written at point No.1 above (this is applied also to musical content such as our revisions, arrangements, transcriptions, etc.).
4) Make media translation of the PDF sheet music file(s).
5) Make telecommunication data transmission of the PDF sheet music file(s).
6) Utilize the musical content (of our copyright protected editions) for purposes other than above-mentioned (allowed are: personal/public performance, study, or teaching). Virtual Sheet Music has "All Copyrights Reserved" on all the sheet music on this site.
Termination:
This agreement may be terminated at any time by destroying the PDF sheet music file(s), together with all copies in any form. This agreement will terminate if you fail to comply with any term or condition in this agreement.
If you have further questions, or for more information, please contact us.
Virtual Sheet Music, Inc.
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