Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Composer means any user that is registered to submit Products for publication and sale on the Website.
Products means the digital sheet music available for purchase on the Website.
Services means the online marketplace for users to sell and purchase Products through the Website.
We, Our and Us means Sheetmusicmarketplace.com. Musika Publishing (ABN 39 781 735 272) including its employees, contractors and affiliates.
Website means www.sheetmusicmarketplace.com
Works means digital sheet music submitted by Composers for publication and sale on the Website.
You, Your and User means anyone using our Services.
You must register and create an account to become a Composer. You need to provide your full name, a valid email address, and any other information requested in order to complete the signup process and create an account.
Registration is optional for users who use the Website to purchase music only.
You need to ensure that you have the appropriate technical software, hardware and internet connection to access our Services.
You agree it is your responsibility at all times to keep your account details up-to-date.
ORDERS AND PAYMENT
By placing an order for a Product on the Website, you agree to pay the price including any local tax for the Product. All prices are as shown on the Website. By providing us with your payment or credit card details, you authorise payment for the Product.
DELIVERY OF GOODS
Our Products can be downloaded immediately once an order and payment have been made.
Please be aware there are inherent risks associated with downloading any digital products. Should you have any technical problems downloading any of our Products, please contact us so that we may try to assist you.
RETURNS AND REFUNDS
We handle returns and refunds in accordance with the Australian Consumer Law (ACL).
Our Products, being digital in nature, are not eligible for return or exchange. Should your file be defective or damaged upon delivery, please contact us within 30 days of purchase and we will arrange for a copy of the file to be resent.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability for any breach of these Terms is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
GENERAL USER AGREEMENT
To be eligible to register and use our Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate;
- You will not transfer, sublicense or grant access to any of our Services to any other person, company or business except as agreed in these Terms; and
- You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.
You warrant and agree that any Work you submit to the Website:
- Is an original composition by you or, alternatively, that you have full copyright ownership or licence to enable us to publish and sell the Work on the Website without breaching or infringing any third-party rights including third-party intellectual property rights;
- Does not contain any malicious, libelous, defamatory or illegal material;
- Is, to the best of your belief and knowledge, accurate and not misleading or deceptive; and
- Complies with all applicable laws, codes and regulations.
You agree to:
- Grant us a non-exclusive licence to reproduce, edit, publish, sell, distribute and otherwise deal with the Work anywhere in the world for the purposes of the Website including but not limited to using the Work, in full or in part, on our Website, our social media, and other media outlets for promotional and advertising purposes;
- Grant us the right to credit the Work to the Website, with attribution to you, using the name that you provide us. You agree that we do not accept pseudonyms, noms de plume or other fictitious names and that we only accept your true, correct legal name for any publishing purposes;
- Abide by any guidelines, regulations and policies provided by us from time to time in relation to any Work that you submit to the Website; and
- Waive the right to any payment, royalties or other compensation arising from or related to our use of the Work now or in the future, unless otherwise agreed by us in writing.
We will not make any substantive or material changes to any Work that you submit without your permission. We may make necessary edits to the Work from time to time to ensure it fits our guidelines, regulations, layout or other publication requirements of our Website or other social media site.
Composers will earn a commission of 65% (unless otherwise agreed) on the sale price of products listed under their account (minus any discount applied). We reserve the right to deduct transaction fees from commissions paid. Commissions are paid automatically on the first of each month via Paypal, or may be paid earlier upon request.
We reserve the right to apply a discount of not more than 50% to any product on the site during sales or promotions of the site. Commissions will be calculated on the discounted price. You may request the exclusion of any/all of your titles from sales and promotional discounts, however any such exclusions shall be in our sole and absolute discretion.
We reserve the right to refuse to publish any Work on the Website, or to remove any Work from the Website, if it breaches these Terms, infringes any third-party rights, or for any other reason in our sole and absolute discretion.
To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the Services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any product, service, link or information on the Website or as to their correctness, suitability, accuracy, reliability, or otherwise.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
DISCLOSURE OF INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce, republish, upload, transmit electronically or otherwise, or distribute any of the materials, documents or products that may be available for download from time to time on the Website, except in accordance with the licence terms below.
We expressly reserve all copyright and trademark in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.
If you believe that any Product on the Website infringes your, or another person’s, copyright, please contact us and provide us with details of the infringement, and we will remove the Product from our Website if we agree that there is a copyright infringement.
GRANT OF LICENCE
In purchasing a Product from the Website, we grant you a non-exclusive, non-transferable, perpetual licence to:
- Use the Product anywhere in the world for your own private and non-commercial purposes and in accordance with these Terms;
- Download the Product from the Website and print the number of copies of the Product that you have purchased;
- Play the Product in private; and
- Perform the Product at not-for-profit concerts and events, in which case you agree that it is your sole responsibility to ensure that you have all necessary licences and permissions from the copyright holder or their representative before you do so.
These Terms do not prohibit or restrict you or any other person from doing any act expressly permitted by any relevant applicable law.
You agree that we may, in our sole discretion, terminate or suspend your access to the Website and the Services with or without notice and for any reason, including, without limitation, breach of these Terms. We may, at our sole discretion, provide you with a warning that you have breached the Terms and provide you with an opportunity to rectify the breach, to our satisfaction, as a condition of maintaining your account and having continued access to the Website.
Any suspected fraudulent, abusive or illegal activity, including breach of copyright, may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
You may request us to close your account at any time by sending an email request to us.
LIMITATION OF LIABILITY AND INDEMNITY
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage of any kind which may result from your use of the Website, the Services or any information contained on or linked to the Website.
Your use of the Website and the Services, including your reliance on any information or materials on the Website, is entirely at your own risk, for which we will not be liable.
It is your own responsibility to ensure that any Products, Services or information contained on or linked to the Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.
You agree to indemnify us against any and all claims, liabilities, actions and expenses which may result either directly or indirectly or is in any way related to your use of the Website or the Services, your reliance on any information contained on or linked to the Website, or any actions or activities you may undertake with other persons or businesses as a result of the Services.
This Limitation of Liability and Indemnity clause survives the expiry or termination of these Terms and your use of the Services.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense, without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve the Website and Services but not for any other use.
LINKS TO OTHER WEBSITES
We may from time to time provide on the Website links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.
The Website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever. In providing such information or advertisements, we are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our Website, to download any documents or information from the Website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our Website, Services or information in our sole discretion.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these Terms at any time. Please check these Terms regularly prior to using the Website to ensure that you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use the Website then we will regard that use as conclusive evidence of your acceptance of these Terms and that these Terms govern your and our rights and obligations to each other.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
These Terms are governed by the laws from time to time in force in the State of Queensland. You agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.