Updated: March 27, 2021
The website located at https://pauliano.com (the "Site") is a copyrighted work belonging to Pauliano Music, LLC ("Pauliano", "Company", "us", "our", and "we"). Through the Site, Pauliano provides certain services, including its online service that enables users to purchase licenses for, download, and print certain sheet music (such services collectively, the "Services").
THESE TERMS AND CONDITIONS (THE "AGREEMENT") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE, SERVICES, AND THE SHEET MUSIC PROVIDED THROUGH THE SITE. BY ACCESSING OR USING THE SITE, SERVICES, OR ANY SHEET MUSIC, (1) YOU REPRESENT THAT “YOU” ARE THE INDIVIDUAL THAT REGISTERS FOR AN ACCOUNT ON THE SITE, (2) YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO CREATE BINDING LEGAL OBLIGATIONS, AND (3) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS, DO NOT ACCESS OR USE THE SITE OR SERVICES OR USE ANY SHEET MUSIC PROVIDED THROUGH THE SITE.
1. ACCOUNT. In order to use certain features of the Site (for example, to use the Services), you must register for an account on the Site ("Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You agree that you will not share your account or account information with others. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ORDERS AND PAYMENT. You may place an order to purchase a license to any Product (as defined in Section 3.1 below) or to purchase any material offered for sale on the Site subject to the terms of this Agreement. YOU HEREBY AUTHORIZE PAULIANO TO BILL YOUR CREDIT CARD OR PAYMENT ACCOUNT THE FEES LISTED ON THE SITE FOR THE PRODUCT ORDERED BY YOU. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
2.1 REFUNDS. Due to the nature of digital downloads, refunds are not issued for products that have already been downloaded. If you change your mind about your purchase, and you have not downloaded the product, a refund will be issued upon your request. Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase.
3. PROPRIETARY RIGHTS
3.1 License Grant. Subject to the terms of this Agreement, Pauliano grants you a limited, non-exclusive, non-sublicensable, non-transferable license, to: (a) download or print one (1) digital or physical copy of each Product solely for your own, non-commercial use, and (b) otherwise access the Site and Services solely for your own use. A "Product" means a single license unit (as designated by us) of specific sheet music listed in our then-current sheet music catalog posted on the Site.
3.2 License Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) with respect to any given Product, you shall not (i) download or print more than one (1) copy of the Product for each license unit of such Product purchased by you hereunder, make any copies (in any form) of such digital or print copy, or otherwise publish the Product, (ii) modify or create derivative works of any Product, or (iii) use the Product in any manner except as expressly permitted in Section 3.1(a); and (b) with respect to the Site and Services you shall not (i) use the Site or Services in order to build a similar or competitive service, (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any portion of the Site or Services, or (iii) use the Site or Services in any manner except as expressly permitted in Section 3.1(b). All copyright and other proprietary notices on any materials provided through the Site must be retained on all copies thereof.
3.3 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, Services, Products, and other materials provided through the Site, are owned by Pauliano. The provision of the Site, Services, Products, or other materials provided through the Site, does not transfer to you or any third party any intellectual property rights. Pauliano reserves all rights not granted in this Agreement. We grant no implied licenses in this Agreement.
3.4 Feedback. If you provide us any feedback or suggestions regarding the Site, Services, Products, or materials provided through this Site (collectively, "Feedback"), you hereby assign to Pauliano all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as not confidential or proprietary to you. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
4. NECESSARY EQUIPMENT. You are solely responsible for ensuring that your computer, printer, and related equipment are in good working condition and have the necessary connectivity to access the Site and Services. We will not be liable to you for any inability to download or print any Product resulting from or relating to your computer, printer, or related equipment, or connectivity issues.
5. MODIFICATION. We reserve the right, at any time, to modify, suspend, or discontinue, in whole or in part, the Site (including your Account) and/or any Service, Product (including your ability to download or print any Product for which you have purchased a license hereunder), or other material provided through the Site, with or without notice. Upon purchase of a license to any Product, you should immediately download or print such Product in accordance with this Agreement and carefully retain such digital or print copy in your records. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of, in whole or in part, the Site (including your Account) and/or any Service, Product (including your ability to download and print any Product for which you have purchased a license hereunder), or other material provided through the Site.
7. DMCA TAKEDOWN NOTICES. If you believe any materials on the Site infringe a copyright or other intellectual property right, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
DMCA Notices should be directed by email to firstname.lastname@example.org
8. INDEMNITY. You agree to indemnify and hold Pauliano (and its officers, directors, employees, and agents) harmless from any and all liabilities, losses, damages, costs or expense (including attorneys' fees), arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use of the Site, Services, Products, or other materials provided through the Site, (ii) your violation of this Agreement, or (iii) your violation of any applicable law or regulation.
9. DISCLAIMER. THE SITE, SERVICES, PRODUCTS, AND OTHER MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, SERVICES, PRODUCTS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE, (A) WILL BE AVAILABLE ON AN UNINTERRUPTED OR TIMELY BASIS, (B) WILL MEET YOUR REQUIREMENTS, OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT, LOST DATA, LOST PRODUCT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, PRODUCTS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE SITE, SERVICES, PRODUCTS, AND OTHER MATERIALS PROVIDED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, PRODUCTS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT OR OTHER MATERIAL PROVIDED THROUGH THE SITE THAT GIVES RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. TERM AND TERMINATION. We may terminate or suspend your account and bar access to the Site and Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate use of your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. ELECTRONIC COMMUNICATIONS. The communications between you and Pauliano use electronic means, whether you use the Services or Site or send us emails, or whether we post notices on the Site or communicate with you via email. By creating an Account on our service, you have the option to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You will still receive transactional emails when using our Service. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
12. ADDITIONAL PROVISIONS
12.1 No Support or Maintenance. You acknowledge and agree that, unless otherwise agreed in writing by us, we will have no obligation to provide you with any support or maintenance in connection with the Site, Services, Products, or other materials provided through the Site.
12.2 Changes to Agreement. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use the Site, Services, Products, or other materials provided through the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site, Services, Products, or other materials provided through the Site.
12.3 Choice of Forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located Utah County, Utah, United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
12.4 Choice of Law. This Agreement is governed by and construed in accordance with the laws of the State of Utah and the laws of the United States, without giving effect to any conflict of law principles.
12.5 Waiver. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.