- PROPRIETARY SERVICES FOR REGISTERED USERS AND SUBSCRIBERS. Hal Leonard operates an electronic platform/system that enables registered users to access and use certain online content and services offered by Hal Leonard (the "Content and/or Services") through the Site. To access and use the Content and/or Services you will be required to register on the Site. Certain Content and/or Services will require you to become a paid subscriber under one of the subscription options described on the Site.
- MODIFICATIONS TO THE SITE CONTENT AND SERVICES. Hal Leonard reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Site or any Content and/or Services contained therein for any reason and at any time without notice to you. Hal Leonard is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.
- CONTENT AND SERVICE AVAILABILITY. Content available for download on the Site and Services offered through the Site, whether provided by Hal Leonard or a third party, may be unavailable or subject to change without prior notice. Hal Leonard shall not be responsible or liable for the unavailability of, or changes made to, any Content and/or Services on the Site.
- CONTENT AND SERVICE DESCRIPTIONS. Hal Leonard attempts to describe the Services and downloadable content offered on the Site as accurately as possible. However, Hal Leonard does not warrant that Content or Service descriptions on the Site are accurate, complete, reliable, current, or error-free.
- PASS MEMBERSHIP. PASS is a subscription service offered by the Site that allows users to view sheet music. Monthly subscriptions will automatically renew each month unless and until you cancel your subscription or we terminate it. Annual subscriptions will automatically renew each year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the PASS service. We will bill the monthly subscription fee to your Payment Method. You must cancel your membership before it renews each month to avoid billing of the next month's subscription fees to your Payment Method. Current PASS Membership benefits and features are available on the Subscription Signup page located at www.sheetmusicdirect.us/subscription.
- PASS FREE TRIAL. The Site offers a free trial subscription for new and certain former subscribers only. Hal Leonard reserves the right, in its absolute discretion, to determine your free trial eligibility. The free trial subscription period lasts for the duration specified during sign-up. The free trial provides unlimited access to PASS subscription titles. After expiration of your free trial, you will be charged for the payment plan you chose during the free trial registration process. Registration, paid plan Payment Method, and email verification is required to begin a free trial.
- PASS BILLING
- Recurring Billing. By starting your PASS subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the PASS service to your Payment Method. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing your subscription, and you authorize us to charge your Payment Method for such varying amounts.
- Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. You may edit your Payment Method information by visiting the Site and clicking on the "My Account" link, available at the top of the pages of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we will send you an email notification asking you to update your Payment Method. Upon doing so, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. If you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), we will immediately terminate your subscription.
- PASS CANCELLATION.
- Monthly Subscriptions. You may cancel your PASS subscription at any time, and you will continue to have access to the PASS service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "My Account" page on the Site and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
- Annual Subscriptions. You may cancel your annual PASS subscription at any time. If you cancel your subscription prior to the end of your annual subscription period, the used portion of your subscription shall automatically revert to a monthly subscription, retroactive to the start date of your annual subscription and billed at the regular monthly rate. You will then be refunded any remaining balance. For example, if you purchase an annual subscription on March 1 and then cancel on July 20, your subscription will be converted to monthly subscription that started on March 1 and ending on July 31. The current regular-price monthly subscription fee for five months will be calculated and then deducted from the annual subscription fee you paid. You will be refunded any remaining balance.
- CHILDREN UNDER 13. To register or subscribe to the Site, you must be over 13 years old at the time of registration or subscribing. PASS Subscriptions require a valid credit card and verification from the owner of the credit card used to become a PASS member. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age.
- INTELLECTUAL PROPERTY. Hal Leonard is the owner and/or authorized licensee of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site, and all copyrightable content and/or information on the Site. Except as otherwise expressly provided herein, or pursuant to this Agreement, your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.
- USER CONDUCT. While using the Site and the Services, you agree not to:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- allow any other person to use your subscription credentials, including user names and passwords, to gain access to the Site;
- attempt to gain unauthorized access to other computer systems through the Site;
- obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
- use the Site or the Services or features in violation of Hal Leonard's or any third party's intellectual property or other proprietary, personal or legal rights;
- use the Site or the Services in violation of any applicable law;
- attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
- use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
- obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
- NO WARRANTIES. HAL LEONARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE SITE OR THE SERVICES MADE AVAILABLE ON THE SITE BY HAL LEONARD OR ANY THIRD PARTY. HAL LEONARD SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. HAL LEONARD IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. HAL LEONARD RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE.
- EXTERNAL WEB SITES. The Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. Hal Leonard is not responsible for the content of any linked External Websites and does not make any representations regarding the content or accuracy of materials on such External Websites.
- INDEMNIFICATION. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Hal Leonard Content, the Site, or the Service. Hal Leonard shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. Hal Leonard reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS. Hal Leonard honors the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify Hal Leonard by following the procedure set forth in the following section. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, Hal Leonard will remove such actual or alleged infringing products from the Site pending our investigation.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT / TRADEMARK INFRINGEMENT. If you believe that your work has been copied, distributed, or used by Hal Leonard in a way that constitutes copyright or trademark infringement, please provide Hal Leonard with the written information specified below. Please note that this procedure is exclusively for notifying Hal Leonard of your belief that your copyrighted material or trademark(s) has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work or trademark that you claim has been infringed;
- a description of the site location of the claimed infringing material, including the ID number, if applicable;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law; and
- a statement by you that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf.
Notices should be sent to:
7777 West Bluemound Road
Milwaukee, WI 53213
- COMPLIANCE WITH APPLICABLE LAWS. Hal Leonard controls and operates the Site from its offices in the United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
- TERMINATION OF THE AGREEMENT. Subject to the terms of the Services Agreement, if applicable, Hal Leonard reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.
- MISCELLANEOUS. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "Communications to Hal Leonard," "No Warranties," "Indemnification," "Termination of the Agreement," and "Miscellaneous." Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by you and us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.