Please read these conditions carefully before using the SheetMusicX.com website. By using the SheetMusicX.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future SheetMusicX.com service (eg: Publishing your own music), you will also be subject to the terms, guidelines and conditions applicable to that service.
Conditions Relating to Your Use of SheetMusicX.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
SheetMusicX.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Access to SheetMusicX.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Privacy
We respect our customer’s private information and those will not be provided to third parties. Your privacy is important to us and we know that you care about how information about your order is used and shared.
4. License for website access
SheetMusicX.com grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SheetMusicX.com. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SheetMusicX.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SheetMusicX.com's or its affiliates' names or trademarks without the express written consent of SheetMusicX.com. Any unauthorized use terminates the permission or license granted by SheetMusicX.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of SheetMusicX.com as long as the link does not portray SheetMusicX.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SheetMusicX.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not SheetMusicX.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. SheetMusicX.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant SheetMusicX.com and its affiliates a non-exclusive, royalty-free and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) SheetMusicX.com and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SheetMusicX.com, including the execution of deeds and documents, at the request of SheetMusicX.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to SheetMusicX.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable SheetMusicX.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify SheetMusicX.com and its affiliates for all claims brought by a third party against SheetMusicX.com or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Defamation claims
Because SheetMusicX.com lists hundreds of products for sale on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, SheetMusicX.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by contacting us by email. Once this procedure has been followed, SheetMusicX.com will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
8. Our contract
When you place an order to purchase a product from SheetMusicX.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. As the importer, you are solely responsible for complying with copyright requirements for the items you ordered. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
9. Returns
Please review our Return Policy, which applies to products purchased from us.
10. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
All prices are exclusive of VAT unless stated otherwise. VAT will be added during checkout.
11. Children
SheetMusicX.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use SheetMusicX.com only with the involvement of a parent or guardian.
12. Customs
When importing goods from SheetMusicX.com for delivery overseas you may be subject to import fees and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from SheetMusicX.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving our products. It is ultimately the responsibility of the customer to ensure that any items they import are in compliance with the laws of their own country. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
13. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SheetMusicX.com, its affiliates or its content suppliers and is protected by Canadian, South African and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of SheetMusicX.com and its affiliates and is protected by Canadian, South African and international copyright and database right laws. SheetMusicX.com , Edition Zeza , MAPESU and its affiliates do not assume any sort of legal responsibility or liability for the consequences of using our products that are not in the public domain in your country.
You may not systematically extract and/or re-utilize parts of the contents of the website without SheetMusicX.com's express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without SheetMusicX.com's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without SheetMusicX.com's express written consent.
14. Other businesses
Products purchased through SheetMusicX.com and all products published by Edition Zeza, MAPESU Music and its affiliates may not be copied, loaned or rented to third-parties.
15. Electronic communications
When you visit SheetMusicX.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Losses
SheetMusicX.com will not be responsible for any business losses (including loss of profits, revenue, contracts, copyright infringement, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods was formed.
17. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws British Columbia, Canada, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of British Columbia, Canada. For products pertaining to MAPESU Music, the same applies in accordance with the laws of South Africa.
21. Self-Publishing
As a customer publishing an original composition you must declare that the provided information is true and accurate and that you are the original creator of this work and nothing in the work is plagiarized or infringes any existing copyright. You grant the publisher (Edition Zeza Music Publisher Inc.) and its affiliates the right to publish, distribute and sell the work in any and all editions and formats throughout the world. You do agree to indemnify and hold the Publishers harmless against any claim, demand, suit, action, proceeding, prosecution or judgment, based upon the Publisher’s exercise of the rights conferred here, including all reasonable expenses, losses, penalties and liabilities suffered or incurred. We reserve the right to remove any product from our offer whenever we see fit and without any warning.
22. Trademarks
The Edition Zeza Logo is a registered trademark and protected by Canadian and international law. The customer may not use the Edition Zeza Logo in any way for commercial gains. Renting of material showing the Edition Zeza Logo is prohibited. As a customer you hereby agree to a fine of CAD 150,000.00 for each infraction. The MAPESU Music Logo is a registered trademark and protected by South African and international law. The customer may not use the MAPESU Music Logo in any way for commercial gains. Renting of material showing the MAPESU Music Logo is prohibited. As a customer you hereby agree to a fine of 2,700,000.00 ZAR for each infraction.
Notice and Procedure for Making Claims of Infringement
SheetMusicX.com responds expeditiously to intellectual property rights owners who complete and submit a written complaint over email or by ordinary mail to communicate concerns of any alleged infringement.
Upon receipt of a written complaint we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a written complaint, you grant SheetMusicX.com and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the written complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify SheetMusicX.com and its affiliates for all claims brought by a third party against SheetMusicX.com or its affiliates arising out of or in connection with the submission of a written complaint.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on SheetMusicX.com and are posted solely at the direction of Third Party Sellers who may be contacted by their "Seller Information" page, accessible from any of their listings.
Important Warning: Giving false, misleading or inaccurate information in the Notice to SheetMusicX.com may result in civil liability. You should contact a solicitor should you have any questions.
Notice Form:
If you believe that your intellectual property is being violated by an item or information on the SheetMusicX.com site, you may contact us over our support email. The notice form can be sent via PDF to:
Email PDF: legal@sheetmusicx.com
Subject Line: Claim of Infringement
(We will accept a signed PDF via email with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
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Notice Form
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(2) Listing's ISBN, ISMN or product number and Allegation of Infringed Right:
(a) The listing's ISBN/ISMN number or detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name of used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this ISMN/ISBN-13.
[REPEAT (2)(a-b) as necessary for multiple items.]
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.