Terms, Privacy and Cookies

Interpretation and Definitions

1.1 Defined terms

For the purposes of these Terms and Conditions, the following defined terms shall have the same meaning regardless of whether they are used in the singular, plural, possessive or otherwise:
1. Application means the software program named Musicnotes provided by the Company and downloaded by You on a compatible digital device.
2. Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which You download the Application.
3. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
4. Account means a unique account created for You to access Our Service, in whole or in part.
5. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Musicnotes, Inc, 901 Deming Way, Suite 100, Madison, WI 53717.
6. Content means any content, including but not limited to Arrangements (as further described in Section 7.4), text, images, or other information that You and other users of the Service may post, upload, link to or otherwise use with the Service, regardless of the form or format.
7. Device means any device that can be used to access the Service, such as a computer, a cellphone, or a digital tablet.
8. Feedback means feedback, innovations or suggestions You provide or submit regarding the attributes, performance or features of the Service.
9. Goods refer to the items offered for sale as part of the Service.
10. In-app Purchase means the purchase of a product, item, service or Subscription made through the Application, all of which are subject to these Terms and Conditions and the Application Store's own terms and conditions.
11. Orders mean a request by You to purchase Goods from Us.
12. Promotions means contests, sweepstakes or other promotions which We may offer from time to time relating to the Service.
13. Service refers to the Application and the Website, through which a User may place an Order for Goods, purchase a Subscription, upload Content, provide Feedback, consume Third-party Social Media Services and perform other activities Company may make available from time to time.
14. Subscriptions refer to the Services, or access to the Service offered on a subscription basis by the Company to You.
15. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available as part of the Service.
16. Website refers to the Musicnotes website, accessible at the URL https://www.musicnotes.com.
17. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

2.1 Your Information
1. If You wish to place an Order for Goods available through the Service, You may be asked to supply certain information relevant to You and Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
2. You represent and warrant that: (i) You are over the age of 18; (ii) You have the legal right to use any credit or debit card(s) or other payment method(s) of Your choice in connection with any Order; and that (iii) the information You supply to us is true, correct and complete.
3. By submitting Your information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
2.2 Order Cancellation
1. We reserve the right to refuse or cancel Your Order at any time for any reason, including but not limited to:
  - Issues with the availability of Goods;
  - Errors in the description or prices for Goods;
  - Errors in Your Order;
2. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
3. Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. You can refer to our Returns Policy here to learn more about your cancellation rights.
2.3 Availability, Errors and Inaccuracies
1. We are constantly updating Our offerings of Goods. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Goods in Our advertising on Our Website and third party websites.
2. We cannot and do not guarantee the accuracy or completeness of any information regarding the Service, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
2.4 Prices Policy
1. The Company reserves the right to revise its prices at any time prior to accepting an Order.
2. Subsequent to accepting an Order, We may revise quoted prices in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order and receive a full refund if you elect not to proceed with Your purchase at the revised price/s.
2.5 Payments
1. You are required to pay in full for Goods at the time of purchase. You may complete your payment using Visa, MasterCard, Affinity Card, American Express or other online payment methods we may make available from time to time, such as PayPal.
2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Subscriptions

3.1 Subscription Period
1. Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
2. At the end of each subscription period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
3.2 Subscription Cancellations
1. You may cancel Your Subscription at any time through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
2. If You purchased Your Subscription through an In-app Purchase, You can only cancel Your Subscription through the relevant Application Store
3.3 Billing
1. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
2. Should automatic billing fail to process for any reason, We will have the right to cancel the subscription associated with Your Account.
3. If Your Subscription has been made through an In-app Purchase, You should note that all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
3.4 Fee Changes
1. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will only become effective at the end of Your then-current Subscription period.
2. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
3. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
3.5 Refunds
1. Except when required by law, paid Subscription fees are non-refundable.
2. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
3. If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can be consumed within the Application and Website. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, You may notify us by emailing us at support@musicnotes.com and we will investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time, We will authorize the Application Store to refund You an amount up to the amount You paid for the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, You further acknowledge that You will need to contact the relevant Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
Before You participate in any Promotions, you should review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Your participation in a Promotion will be deemed to be your acceptance of the applicable rules and terms.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions conducted through Your Account, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any unauthorized access to or use of Your account.
When selecting a username, You may not use the name of another person or entity or one that is not lawfully available for use, such as a name or trademark that is subject to any rights of another person or entity unless You have obtained appropriate prior written authorization; similarly, You may not use a name that is otherwise offensive, vulgar or obscene.

Content

7.1 Your Right to Post Content
1. Our Service allows You to post Content. You are responsible for all Content that You post to the Service, including its legality, reliability, and appropriateness.
2. By posting Content to the Service, You grant Us and other users of the Service the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Other than for the rights granted under to Us and other users of the Service, You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
3. You represent and warrant that: (i) the Content is Yours (You own it), or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property or any other rights of any person.
7.2 Content Restrictions
1. The Company is not responsible for any content You or any other user of the Service may post. You expressly acknowledge and agree that You are solely responsible for Your Content and for all activity that occurs under Your account, irrespective of whether such activity was performed by You or a third party using Your account.
2. You may not transmit any Content that is unlawful, offensive, upsetting, intended to shock or disgust, threatening, libelous, defamatory, obscene or that is otherwise likely to be objectionable. Examples of such objectionable Content include, but are not limited to, the following:
  Unlawful or promoting unlawful activity.
  Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  Spam, machine or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  Impersonating any person or entity including the Company and its employees or representatives.
  Violating the privacy of any third person.
  False information and features.
3. We reserve the right, but are not obligated to determine, at our sole discretion, if Content should be removed or amended for appropriateness. To this end, You authorize Us to make formatting and other necessary edits to any of Your Content, and you further agree and acknowledge that We may limit or revoke Your use of the Service if You post any Content that We determine to be objectionable. As We cannot control any of the content that may be posted by users of the Service, You agree and acknowledge that Your use of the Service is at your own risk, and that by using the Service, You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You further agree and acknowledge that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions, or any loss or damage of any kind incurred as a result of your use of such Content.
7.3 Content Backups

It is Your responsibility to maintain a complete and accurate copy of Your Content in a location independent of the Service. We may, at our absolute discretion, perform backups of Content, but We do not guarantee against loss or corruption of Your Content and We are not liable for any issues regarding the integrity or usability of your Content.
7.4 Arrangements
1. We may permit You to submit content for purchase by other Users of the Service in the form of:
  an arrangement of Your original composition (an “Original Arrangement”); or
  Your arrangement of a copyrighted work (a “Copyrighted Arrangement”); or
  Your arrangement of a pre-existing work that is in the public domain (a Public Domain Arrangement”);
  collectively “an Arrangement”, and which We may make available for purchase in PDF format.
2. If You submit an Original Arrangement through the Service for purchase by other users, You represent and warrant that:
  The Original Arrangement is, in its entirety, Your own, original work;
  You have the right to submit such Original Arrangement to, and make such Original Arrangement available for purchase through the Service, without infringing the proprietary or intellectual property rights of any third party;
  If you jointly own such Original Arrangement, You are solely responsible for obtaining all required permissions to submit the Original Arrangement to the Service, and for distributing any royalties or payments You receive from the Service to each joint owner of the Original Arrangement.
3. If You submit a Copyrighted Arrangement through the Service for purchase by other users:
  You represent and warrant that:
  1. Other than for the portion of the Copyrighted Arrangement that was derived from a copyrighted work or is subject to joint ownership, the Copyrighted Arrangement is Your own, original work and includes Your own creative elements which make Your Copyrighted Arrangement unique;
4. If You submit a Public Domain Arrangement through the Service for purchase by other users, You represent and warrant that:
  Other than for the portion of the Public Domain Arrangement that was derived from a pre-existing work in the public domain, the Public Domain Arrangement is Your own, original work and includes Your own creative elements which make Your Public Domain Arrangement unique;
  The portion of the Public Domain Arrangement that represents a pre-existing work in the public domain was validly in the public domain and not subject to any third party ownership prior to your creation of the Public Domain Arrangement; and
  You have the right to submit such Public Domain Arrangement to, and make such Public Domain Arrangement available for purchase through the Service, without infringing the proprietary or intellectual property rights of any third party.
5. You are permitted to publish a maximum of ten (10) Arrangements through the Service without being subject to any fees. This maximum of ten (10) arrangements may be a combination of Original Arrangements, Copyrighted Arrangements and Public Domain Arrangements. Should You wish to publish in excess of ten (10) Arrangements, You must purchase a subscription to the Service. We reserve the right to change the subscription fees from time to time.
6. We reserve the right to remove an Arrangement for any or no reason, at Our sole and unfettered discretion. We further reserve the right to immediately suspend or terminate Your subscription and access to the Service with no further liability to you should you breach any of your obligations, representations or warranties under this Section 7.4.
7. To the fullest extent permitted by law, We hereby disclaim any and all liability and shall not be held responsible for the infringement of any third party rights (including but not limited to intellectual property rights of any kind) or any violation of the United States Copyright Act of 1976, as amended, by virtue of Our permitting You to submit an Arrangement through the Service for purchase by users.
7.5 Pricing and Payments
1. Users of the Service may purchase an Arrangement through the Service. All listed prices are in US dollars. You will be able apply the price on each Arrangement, contingent upon a minimum and maximum price amount set by Us at our sole discretion. As full and final consideration for the rights granted hereunder, We will pay You commissions based on the sale price, net of discounts, transaction fees and any applicable taxes (“Final Sale Price”), as follows:
  Unless otherwise agreed, You will receive fifty percent (50%) of the Final Sale Price for Original Arrangements and Public Domain Arrangements;
  Unless otherwise agreed, You will receive ten percent (10%) of the Final Sale Price for Copyrighted Arrangements; and
  All commissions are subject to a five percent (5%) transaction fee and will be paid net of discounts, refunds or any amounts You may owe Us.
2. We will calculate commissions on a quarterly basis, and will pay You on an approximately net 90 day basis.
3. You agree and acknowledge that quarterly commission payments are subject to minimum payment thresholds and will accumulate until they meet the following payment thresholds:
  $100 for international payments
  $50 for domestic payments
4. All commissions and any accompanying reporting will be deemed final and complete if You do not notify Us of any discrepancies within twelve (12) months of the date of issue.
5. There are multiple payment method options made available to You. At Our sole discretion, changes to such payment method options can be made any time. In order to receive payment You must provide all necessary payment info and tax documentation within your account.
6. You are solely responsible for any income or other taxes that may be levied on any payments We make to You under these Terms and Conditions. We reserve the right to cancel any payments that may be due to You should You fail to provide us with the information We require to process such payments.
7. You are also responsible for ensuring that We have Your current contact information at all times. If Your payments are returned or deemed non-deliverable over a six (6) month period, or We are consistently unable to contact You despite making reasonable attempts to do so, We may terminate Your account and retain any funds that remain in Your account with no further liability to You. Should We be required to terminate Your account under this Section 7.5(f), You agree and acknowledge that you forfeit any amounts You may have accrued in Your account as of the effective date of termination.

Copyright Policy

8.1 Intellectual Property Infringement
1. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.
2. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@musicnotes.com and include in Your notice a detailed description of the alleged infringement.
3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content infringes Your copyright.
8.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims
1. You may submit a copyright notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated Copyright Agent with the following written information:
  An electronic or physical signature of the copyright owner or a person authorized to act on his/her behalf;
  Identification of the copyrighted work claimed to have been infringed;
  Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
  Your contact information, including your address, telephone number, and email address;
  A statement by You that You have a good faith belief that the disputed use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law;
  A statement by You that the information in Your notice is accurate, and, under penalty of perjury, that You are authorized to act on the copyright owner's behalf.
2. Our designated agent is:
  Clayton Johnson
  c/o COMPANY
  2212 8th Ave S
  Nashville, TN 37204
  Email: cjohnson@musicnotes.com
3. You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
4. We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

Intellectual Property

Subject to Your acceptance of and compliance with these Terms and Conditions, We grant to You a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal use. Other than as set out in this agreement, You may not use the Service, in whole or in part, for any other purpose.
With the exception of Content You and other users may post, We retain all of the proprietary rights in and to the Service, including but not limited to all the features, functionality and Our original content, all of which are and will remain the exclusive property of the Company and its licensors.
You agree that you will not use the Service , in whole or in part:
for any illegal purpose, and that you will not and will not permit anyone else to copy, duplicate, modify, redistribute, reverse engineer, decompile, disassemble or attempt to discover any source code or object code relating to any element of the Service;
To launch, develop or distribute any script or other software code to access the Service through an automated system;
To distribute malware, virus or other harmful code, software, scripts or similar programs designed to disrupt the Service;
In violation of applicable law;
In violation of our intellectual property rights or those of a third party;
In violation of these Terms and Conditions; or
In violation of any applicable third party terms of service;
The Service is protected by copyright, trademark, and other laws of both the United States and similar laws of other jurisdictions.
You may not use Our trademarks, logos or trade dress without Our prior written consent.

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personally and non-personally identifiable information as part of Your use of the Service. Your use of the Service is your acceptance of these Terms and Conditions, including the terms of our Privacy Policy. You further agree to comply with all applicable laws with respect to any information you may receive from Us.

Your Feedback to Us

You hereby assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through such third-party web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We reserve the right to terminate or suspend Your Account immediately, without prior notice and without any liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. If you have a Subscription, you will need to cancel the Subscription at the point of purchase. Please contact Musicnotes directly if you purchased your Subscription through the Musicnotes website. If your Subscription was purchased via our iOS or Android app, please cancel your Subscription via your Apple ID or Google Play account.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under these Terms shall be limited to the amount actually paid by You for the Service, or 100 USD if You haven't purchased anything through the Service. This limitation of Company’s liability represents your sole and exclusive remedy for any claim you may have against the Company in relation to the Services.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE FREE FROM MALWARE, VIRUSES OR OTHER HARMFUL CODE, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Governing Law

These Terms and all aspects of the Service will be governed by and interpreted in accordance with the internal laws of the United States and the State of Wisconsin without regard to its rules regarding conflict of laws, regardless of Your physical location. . Your use of the Service may also be subject to other local, state, national, or international laws. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Madison, Wisconsin, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Madison, Wisconsin.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company and notifying us of your concern or dispute.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

21.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, in whole or in part by a court of competent jurisdiction, such provision will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms will continue in full force and effect.
21.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify, supplement, delete or replace these Terms (including the Privacy Policy and Returns Policy, which are incorporated by reference into this Agreement) at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must immediately cease using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@musicnotes.com
By visiting this page on our website
By phone number: 800.944.4667
By mail: 901 Deming Way, Suite 100, Madison, WI 53717

Terms of Service

Terms and Conditions

1.1 Defined terms

2.1 Your Information

2.2 Order Cancellation

2.3 Availability, Errors and Inaccuracies

2.4 Prices Policy

2.5 Payments

3.1 Subscription Period

3.2 Subscription Cancellations

3.3 Billing

3.4 Fee Changes

3.5 Refunds

7.1 Your Right to Post Content

7.2 Content Restrictions

7.3 Content Backups

7.4 Arrangements

7.5 Pricing and Payments

8.1 Intellectual Property Infringement

8.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims

21.1 Severability

21.2 Waiver