Terms and Conditions

  1. Overview

    • These Terms and Conditions ("Terms"), provided by Piano Music Database LLC including its subsidiaries and affiliates (collectively, "we," "our," "us" or "PMD"), set forth the legally binding terms and conditions that govern your access and/or use of one or more of our following "Services" (which are individually and collectively referred to as Services) provided by us and our applicable "Representatives" (as defined below):
      • our website currently located at PianoMusicDatabase.com ("PMD Website" or "Website")
      • our end-to-end cloud-based technology solution available through our Website (the "PMD Platform")
      • our "PMD Content" (or "Content" and as defined below)
      • any of our other information, materials, products or services, including any related customer or technical support services.
    • Our "PMD Content" or "Content" consists of: (a) our "PMD Music Content" which means all "Piano Music" (as defined below) and related content, information, "Analytical Data" (which means analytical information and data points pertaining to the applicable Piano Music), materials, articles, images, text, graphics, illustrations, photographs, audio, videos, sound recordings, audiovisual clips provided through the PMD Platform; and (b) all other information, materials, article, images, text, graphics, illustrations, photographs, audio, videos, sound recordings, audiovisual clips, logos, trademarks, service marks and slogans provided through the PMD Platform and/or Website.
    • When these Terms mention "you" or "your," it refers to you as a "Visitor" of our Website or as a "User" of the PMD Platform, and either in the capacity of (and as applicable): (a) an individual; (b) as guardian or parent on behalf of your minor child; or (c) as an employee, director, officer, agent, Supplier or other representative (collectively, "Representatives") on behalf of an "Organization" which means a business (whether a sole proprietor, corporation, limited liability or any other business entity) and its subsidiaries and affiliates (if any). More detailed descriptions of Users and Visitors can be found in the major section titled Users and Visitors - Description.
    • By using any of the Services (as a Visitor or User), you are accepting and have agreed to these Terms (including our Privacy Policy) on your own behalf or the applicable above-referenced parties, and you represent and warrant that you have the right, authority, and capacity to enter into and be bound by these Terms on behalf of yourself or the applicable above-referenced parties.
    • Your access to and use of the Services are also governed by: (a) the terms for certain Users that are set forth in our online sign-up flows or any other policies applicable to certain Users that we make available ("Other PMD Terms"); or (b) additional terms from third-party providers described below or applicable to certain services which you may elect to participate ("Third Party Terms"). Those terms and policies are each incorporated by reference into and made a part of these Terms.
    • In addition, any information we collect through your use of the Services, whether as User or Visitor, is subject to our "Privacy Policy," which is located at PianoMusicDatabase.com and therefore, also governs your use of the Services. The Privacy Policy, together with these Terms (which include Other PMD Terms and Third Party Terms) are collectively referred to as the "Agreement."
    • All references to "Party" or "Parties" means you or us or both you and us. All capitalized terms not defined in these Terms are defined in our Privacy Policy or other PMD Terms.

    IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

  2. Eligibility and Age Requirements

    • You must be 13 years of age or older to use our Services and provide certain information to use our Services.
    • You must be 18 years of age or older to purchase our paid Services (if any) or any other products or services offered by us through our Services. (If you are under 18 and wish to purchase music or any of our other products or services available for purchase, ask your parent or guardian to do so on your behalf.)
    • The above age limits are referred to individually and collectively as "Minimum Age."
    • If other applicable laws require you (or your child) to be older than the above-mentioned Minimum Age in order to use, access or purchase the Services or any other products and services offered by us or any other third party, then the Minimum Age will be the older age under such applicable laws.
    • In order to use our Services, you must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over our Terms, PMD and Yourself.
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  3. These Terms May Change

    These Terms are subject to occasional revision, and if we make any substantive changes, we may notify you by sending you an email or text message to the last email address or last phone number you provided to us or by posting a notice of the changes within our Services and/or within our Terms. To know if a revision has occurred, check the last modified date and time at the bottom of these Terms.

    Your continued use of our Services following notice of any changes to our Terms, Privacy Policy, or any other policies or guidelines, constitutes your acceptance of all such changes.

  4. Read Our Privacy Policy

    Any information that we collect through your use of the Services is subject to our Privacy Policy, which is incorporated by reference into and deemed a part of these Terms and Conditions.

  5. Users and Visitors - Description

    Here is a general description of how our Visitors and Users typically use our Services.

    • As a Visitor, you will visit our Website to learn about our Services and business in general, or access information we have made publicly available on our Website. If you signed up for our email newsletter, then you will be considered a "Visitor" for purposes of our online Terms and Conditions and Privacy Policy.
    • As a User, you will use the Services (in particular the PMD Platform) as either a "Music User" or "Partner."
      • As a Music User, you may use the PMD Platform to search, find and review piano music that publishers and composers have submitted to us for publication through our Services (individually and collectively, "Piano Music") and review our Analytical Data that accompanies each piece of Piano Music. You will also have the option to purchase (through the Service) such Piano Music, when made available for sale by the publisher or composer.
      • As a Partner, you will either be a Representative of a music publishing company (aka an Organization) intending to submit piano music (and related information as described below) created by your composers, or a composer intending to submit to us, on behalf of yourself, piano music created by you.

  6. Our Website; Basic Terms for Visitors

    This section governs your use, as a Visitor, to our PMD Website. We may, if you choose to allow us to, also collect your email address so you can receive our periodic email newsletter.

    If you choose to be a Music User of our PMD Platform and related Services, review the major section titled Our PMD Platform; Basic Terms for Music Users

    If you choose to be a Partner of our PMD Platform and related Services, review the major section titled Our PMD Platform; Basic Terms for Partners

    If you are only a Visitor and NOT planning to use our Services as either a Music User or Partner, review the rest of the Terms located in the major section titled Other Terms; For ALL Users of Any PMD Services.

  7. Our PMD Platform; Basic Terms for Music Users

    This major section contains the terms governing all the activities and interactions that you, as a Music User, can undertake while using the PMD Platform. We also provide; within the PMD Platform; additional information about all such activities and interactions and the features and functionality of our Services that are available for you as a Music User.

    Make sure to review the rest of the Terms located in the major section titled Other Terms; For ALL Users of Any PMD Services.

    1. Accounts for Music Users

      1. Music User Account Creation

        In order to use the PMD Platform, we may ask you to register for an account ("Account") and provide certain information about Yourself. Accordingly, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in the PMD Platform.

      2. Music User Account Responsibilities

        You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur in or under your Account. You agree to immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of privacy or security. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with these requirements.

    2. PMD Music Content - Music Users

      Use of the PMD Music Content for any purpose not expressly permitted by these Terms is strictly prohibited.

      1. As between you and PMD, all PMD Music Content is either owned or licensed by PMD. Such licenses include those granted by Partners as described below.
      2. As a Music User, you will be able to use the PMD Platform to search, find and review Piano Music that includes accompanying information consisting of an analysis of up to 25 or more different data points to help piano teachers find appropriate music for their piano students. You may share such information through your social media accounts (as described in the Third Party Services section) and also have the option to purchase Piano Music through the links we provide, when sales are made available by the publisher or composer.
      3. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the PMD Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and digital currency, and except as specifically permitted by us in these Terms, you will have no right to share in any such revenue, goodwill or value whatsoever.
      4. You further acknowledge that, except as specified in these Terms, you: (a) have no right to receive any income or other consideration from (i) any "User Content" (as defined below), (ii) or your use of any PMD Music Content made available to you on or through the Services; and (b) are prohibited from exercising any rights to monetize or obtain consideration from any User Content or PMD Music Content within the Services or on any third party service.

        UNLESS EXPRESSLY PERMITTED HEREUNDER, YOU HAVE NO RIGHTS TO SEPARATELY USE ANY MUSICAL WORKS, PIANO MUSIC OR ANY OTHER PMD MUSIC CONTENT THAT ARE EMBODIED WITHIN OR MADE AVAILABLE THROUGH THE PMD PLATFORM OR ANY OTHER PART OF THE SERVICES.

      5. You acknowledge and agree that when you view PMD Music Content, all such content may be subject to change in our sole discretion. For example, we may change certain data points accompanying a piece of music after the music was previously made available for display through our PMD Platform.
      6. We do not guarantee the accuracy, integrity, appropriateness, or quality of any PMD Music Content (whether it be the piano music itself or any of the data points, etc.), and under no circumstances will we be liable in any way for any PMD Music Content.
      7. We accept no liability with respect to any PMD Music Content submitted and/or published by us, any Partner, or any other third party through the PMD Platform. If you wish to file a complaint about information or materials uploaded to the PMD Platform, follow the requirements set forth in the Copyright and Intellectual Property Infringement Claims section.

    3. Third Party Services

      1. In order to optimize your experience with the Services, you may, at your sole election, decide to link your social media accounts, wearable devices, non-wearable devices, calendars, applications, platforms, or programs, now in existence or hereafter developed, (collectively and including related devices, "Third-Party Services") that you utilize now or in the future. We may provide such links to your Third-Party Services only as a convenience to you.
      2. You acknowledge that we do not and have no obligation whatsoever to pre-screen, edit, review, approve, monitor, endorse, warrant or make any representations regarding such services or devices. All Such Third-Party Services are not our responsibility and not under our control whatsoever.
      3. By linking such Third-Party Services with your PMD account, you represent and warrant that: (a) such Third-Party Services are used by you in your sole discretion; (b) if you have an account with a Third-Party Service, you are authorized to access and link to such Third-Party Services account; and (c) you expressly authorize us to utilize, implement, and, if applicable, share any information with or use data received from your Third-Party Services. You may un-link your Third-Party Services account(s) at any time but understand that you may (in certain instances) experience, as a result, a more limited interaction with our Services.
      4. Remember, you shall remain bound by the terms of use and privacy policy of the owners of your Third-Party Services while they are linked to our Services. You acknowledge that these Terms do not apply to any Third-Party Services, and that you assume all responsibility of and any risk arising from your use of such Third-Party Services.

    4. Fees and Payments

      As a Music User, you will have the option to purchase Piano Music through our Services. The page that displays each piece of Piano Music on our PMD Platform will include the Analytical Data, "Partner Content" (as defined below), and links that take you to web pages for purchasing Piano Music.

      1. Purchases through PMD with Third-Party Payment Processors

        We may utilize the services of third-party payment processors ("Processors") to handle your purchases of certain Piano Music available through the Services, and in such cases, we do not store your credit card or other payment method information. Such Processors may require you to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any Processor and their ability to safeguard your information. It is important that you review any such Processor’s terms of use and privacy policy prior to using their purchasing services.

      2. Purchases through Publishers (or Self-Publishing Composers)

        Partners can choose to make their Piano Music available for purchase through their websites. If such publishers or self-publishing composers (collectively, "Publishers") provide us links to such websites, then the Publishers will handle your purchases of their Piano Music. In such cases, we do not store your credit card or other payment method information. These Publishers may require you to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any such Publishers and their ability to safeguard your information. It is important that you review the applicable Publisher’s terms of use and privacy policy prior to using their purchasing services.

      3. Purchases through PMD Affiliate Agreements

        In addition to Processors and Publishers, PMD may make certain Piano Music available for your purchase through third-party companies we have partnered with in exchange for our earning a commission on each sale of certain Piano Music (collectively, "PMD Affiliates"). In such cases, the links to purchase certain Piano Music will lead you to a PMD Affiliate’s website. These PMD Affiliates are also third-party processors in that we do not store your credit card or other payment method information. These PMD Affiliates (aka Processors) may require you to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any PMD Affiliate and their ability to safeguard your information. It is important that you review the PMD Affiliate’s terms of use and privacy policy prior to using their purchasing services. When certain Piano Music is available to be purchased through a PMD Affiliate, it does not mean that you will be charged any extra fees or higher prices for purchasing Piano music through those affiliate links. Instead, you will pay the regular price published on such PMD Affiliate’s website, and then such PMD Affiliate shares a portion of the sales price with us to help us maintain and grow the PMD Platform services and database.

      4. No Purchase Transaction Required

        PMD will make reasonable efforts to provide links to websites that sell each piece of Piano Music provided through the PMD Platform. If, however, PMD cannot reasonably find any publisher (or publishing website) that sells copies of a particular Piano Music, then PMD may choose to provide links (if PMD finds such links) to websites that offer such Piano Music free of charge. PMD strives to support publishers, composers and the piano music community at large; therefore, we want our Music Users to purchase Piano Music legally and directly from reputable publishers and sheet music sellers. We will, however, not be liable in any way if we are unable to find a publisher for a particular Piano Music, or if the link we provide leads to a Publisher or other third-party seller that does not meet a Users’s expectations or standards in any way.

    Review the rest of the Terms located in the major section titled Other Terms; For ALL Users of Any PMD Services.

  8. Our PMD Platform; Basic Terms for Partners

    This major section contains the terms governing all the activities and interactions that you, as a Partner (whether you are a Representative of an Organization that represents composers or an individual composer representing yourself), can undertake while using the PMD Platform. We will also provide; within the PMD Platform; additional information about all such activities and interactions and the features and functionality of our Services that are available for you as a Partner.

    Review the rest of the Terms located in the major section titled Other Terms; For ALL Users of Any PMD Services.

    1. Accounts for Partners

      1. Partner Account Creation

        As a Partner, you will be submitting copies of your piano music to be analyzed and published through the PMD Platform. This will require you to register for an account by setting up a username and password and providing us with contact and other related information ("Account"). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy and currency of such information; and (c) you will not allow any third party to use or access your Account. You may delete your Account at any time, for any reason, by following the instructions in the PMD Platform.

      2. Partner Account Responsibilities

        You are responsible for maintaining the confidentiality of your Account information and are fully responsible for all activities that occur in or under your Account. You agree to immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of privacy or security. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with these requirements.

    2. Piano Music and Partner Content

      1. Piano Music and the Submission Process

        As a Partner, you are permitted to upload, transmit or otherwise make available, through the PMD Platform, certain piano music created by you or licensed to you by the composer or rightful copyright owner of such piano music. The defined term "Piano Music" in these Terms means the piano music owned or licensed by Partners and uploaded by Partners for PMD’s publication of such music through the Services.

        • For each such submission, you will be prompted through an online form to provide certain related information (e.g., composer, composition date, publication date, publisher, etc.), collectively referred to as "Partner Content," and all as determined in PMD’s sole discretion for purposes of providing the Services to PMD’s Users. We will also provide other information and Other PMD Terms in connection with this online form and the submission process of your Piano Music and related Partner Content.
        • Upon your proper and correct submission of each piece of piano music and all related Partner Content, PMD will review and analyze such piano music to produce Analytical Data which will be published in connection with your Piano Music and related Partner Content (as selected by PMD in its sole discretion) through the PMD Platform.

      2. Partner Content and Advertising/Promotions

        In addition to the Partner Content described above, other Partner Content you submit to PMD may include text, scripts, comments, graphics, videos, photos, sound recordings and other information, materials and advertising or promotional content,including videos that incorporate locally stored sound recordings from your own collection or one of your Third Party Services. PMD may provide Partners with certain advertising and promotional tools as part of the Service that will enable Partners to advertise or promote their Piano Music on or through the PMD Platform. You acknowledge and agree that: (a) you are fully responsible for all such advertising and promotional activities that you authorize PMD to implement on your behalf; and (b) you may terminate such activities pursuant to the Terms. All such Partner Content will be either required or optional, as determined by PMD in its sole discretion.

        You are responsible for all Piano Music and Partner Content that you upload, share or otherwise make available through the PMD Platform, and you represent and warrant that you have all necessary rights to all such content and related acts and omissions authorized by you, including advertising and promotional activities described above.

      3. Sound Recordings

        If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of such content to submit to the Services. For the avoidance of doubt, the license rights granted by you in the Piano Music and Partner Content section include the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public all such sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your Partner Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of the applicable Partner Content.

      4. Musical Works and Recording Artists

        If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license in your Partner Content that you granted to us through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your Partner Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses under these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

      5. Through-To-The-Audience Rights

        All of the rights you grant in your Partner Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for Partner Content posted or used on such third-party service via the Services.

      6. Our Use of Partner Content

        By submitting your Piano Music and any other Partner Content to be published on the PMD Platform, you acknowledge and agree that we and our applicable Representatives may need access to view and store your Partner Content (including any Piano Music) in order for us to provide the Services as described in these Terms. You may, at any time after submitting any of your Partner Content, delete such content through your Account or by contacting us. Any such deletions may result in the deletion of all or a portion of published Partner Content of yours and may either terminate or prohibit the applicable Services previously provided to you.

      7. Partner Content Will Be Deemed Non-Confidential and Non-Proprietary

        You acknowledge and agree that all Partner Content you submit to us on or through or in connection with the Services is not confidential and may be used by us as described in these Terms. In addition, you agree NOT to submit to us on or through or in connection with the Services any Partner Content that you consider to be confidential or outside the scope of our permitted uses in these Terms. When you submit any Partner Content on or through or in connection with the Services, you agree and represent that you own all such Partner Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of all and any part of the Partner Content.

      8. License

        • You (or your licensors, such as the composer or other rightful copyright owner) retain ownership of the Piano Music and related Partner Content you provide through the PMD Platform, but by submitting such Piano Music and Partner Content, you grant PMD a non-exclusive, royalty-free, perpetual worldwide license to use, reproduce, publish, display and/or transmit, and/or distribute your Piano Music and Partner Content, and to authorize other Users of the Service to view and access your Piano Music and Partner Content, all in any format and on any platform, either now known or hereinafter invented, all in accordance with these Terms.
        • As the Representative of an Organization representing the composer of the applicable Piano Music, you further grant us a non-exclusive, royalty-free, perpetual, worldwide license to use the Organization’s Name (including all related trademarks, logos and other related company, product and service information and materials), and the applicable composer’s image, voice, and likeness to identify the Organization and composer as the publisher and composer (respectively) of the applicable Piano Music; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations determined by us or applicable laws due to age restrictions, if relevant to the composer. This license includes the right for PMD to use all Partner Content related to the applicable Piano Music.
        • The licenses granted to PMD in these Terms allow us to access, view, store, distribute, publish and display the Piano Music and Partner Content in any arrangement, format, layout, etc. through or in connection with the PMD Platform. These terms mean, for illustration purposes, that PMD may provide certain Piano Music for our Users to purchase either as sales by PMD, Partners, Processors, or PMD Affiliates.

      9. Optional Verification or Approval

        You acknowledge and agree that we, in our sole discretion, may or may not choose to verify or approve the information and materials in any Partner Content.

    3. Other Uses of Partner Content

      1. By submitting Partner Content to or through or in connection with the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Partner Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with all such Partner Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Partner Content you submit to or through or in connection with the Services.
      2. We reserve the right to cut, edit or refuse to publish, your Partner Content at our sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our sole opinion, your post does not comply with the content standards set forth in our Terms.
      3. We have the right; but not the obligation; in our sole discretion to remove, disallow, block or delete any Partner Content: (a) that we consider to violate these Terms; or (b) in response to complaints from other Users, Visitors, or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any Partner Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Partner Content.
      4. We accept no liability with respect to any Piano Music or Partner Content submitted by Partners or any other Users and published by us. If you wish to file a complaint about information or materials uploaded by other Users, follow the requirements set forth in the Copyright and Intellectual Property Infringement Claims section.

    4. PMD Music Content - Partners

      Use of the PMD Music Content for any purpose not expressly permitted by these Terms is strictly prohibited.

      1. As between you and PMD, except as otherwise specified in the Terms, all PMD Music Content is either owned or licensed by PMD. For clarification purposes, our inclusion of "Piano Music" as part of the defined term "PMD Music Content" just means that if you are not the Partner of certain Piano Music, then that Piano Music is owned by someone else.
      2. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the PMD Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and digital currency, and except as specifically permitted by us in these Terms, you will have no right to share in any such revenue, goodwill or value whatsoever.
      3. You further acknowledge that, except as specified in these Terms, you: (a) have no right to receive any income or other consideration from any Partner Content or any related PMD Music Content; and (b) are prohibited from exercising any rights to monetize or obtain consideration from any Partner Content or PMD Music Content within the Services.

        YOU HAVE NO RIGHTS TO SEPARATELY USE ANALYTICAL DATA THAT IS EMBODIED WITHIN OR MADE AVAILABLE THROUGH THE PMD PLATFORM OR ANY OTHER PART OF THE SERVICES.

      4. You acknowledge and agree that when you submit any Partner Content, all such content (and/or the arrangement or display of such content) may be subject to change in our sole discretion and without any liability. For example, we may change certain data points accompanying one of your pieces of Piano Music after such music was previously made available for display through our PMD Platform.
      5. We do not guarantee the accuracy, integrity, appropriateness, or quality of any PMD Music Content (whether it be the Piano Music, Partner Content, Analytical Data, etc.), and under no circumstances will we be liable in any way for any PMD Music Content.
      6. We accept no liability with respect to any Partner Content or PMD Music Content submitted and/or published by us through the PMD Platform.

  9. Other Terms - For ALL Users of Any PMD Services

    1. Feedback

      If you choose to send us or our Representatives any ideas for or comments about products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, you agree to the following terms. PMD has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason. You provide all Feedback on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way. PMD owns all rights, title and interest in and to all Feedback, all of which you provided to us free of charge and without attribution of any kind.

    2. PMD Platform and PMD Content

      1. Subject to these Terms, we grant you a limited, non-transferable, non-exclusive, non-sublicensable, revocable license to use the PMD Platform solely for your own personal or business use and in the capacity of either a Visitor or User (including Music Users or Partners). Such license also permits you to use the PMD Platform and PMD Website and related PMD Content for your own personal or specific business use and solely in compliance with these Terms. PMD reserves all rights to the PMD Platform and PMD Content (and any other Services including the PMD Website) not expressly granted in these Terms. You acknowledge and agree that PMD may terminate this license at any time for any reason or no reason.
      2. You acknowledge and agree that all PMD Content, the PMD Platform, PMD Website (including the "look and feel"), all brands, logos and trademarks provided by us, and all other Services, the underlying technology, software, tools and the like, and the related intellectual property rights, including copyrights, patents, trademarks, and trade secrets, contained within or provided through the Services and PMD Content in any form or medium (collectively, "PMD Property") are owned by us, our Suppliers, other Users or any other applicable third parties. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to the PMD Property, including any related intellectual property rights, except for the limited access rights expressly provided in these Terms. There are no implied licenses granted under these Terms. You are not permitted to use any of the PMD Property in any way other than as specifically permitted in these Terms without the prior written consent of us or our applicable Supplier. PMD and our Suppliers reserve all rights not expressly granted in these Terms.

    3. Certain Restrictions Regarding your Use of the Services

      The rights granted to you in these Terms are subject to the following restrictions, all of which, when applicable, will be determined or assessed by us, in our sole discretion. All references to "Services" in the Other Uses of Partner Content section includes all other PMD Property whenever applicable in any way.

      1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed within the Services.
      2. You shall not market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation.
      3. You shall not use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
      4. You shall not access the Services in order to build a similar or competitive app, platform, website, product, or service.
      5. You shall not modify, make derivative works of, disassemble, de-compile, reverse compile or reverse engineer any part of the Services.
      6. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Services.
      7. You shall not interfere with or attempt to interfere with the proper working of the Services, disrupt our Website or the PMD Platform’s operation or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.
      8. You shall not incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion.
      9. You shall not infringe on anyone’s intellectual property rights (including privacy and publicity rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
      10. Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
      11. You shall not hack or modify the Services to set up robots to automate or otherwise manipulate content within the Services.
      12. You shall not use automated scripts to collect information from or otherwise interact with the Services.
      13. You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Services or any property, content, product or service of any of our suppliers, vendors, independent contractors or third-party contractors or service providers ("Suppliers"), Users or any other third parties.
      14. You shall not use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or with any intent to disrupt or harm.
      15. You shall not share videos or any other content, information or programs accessed through the Service with any third parties unless expressly permitted under these Terms.
      16. Any information, materials or programs purchased through the Services are for your sole use and may not be copied, shared, or otherwise distributed to any third party.
      17. You shall not use or attempt to use another’s account, service or system without authorization from PMD, or create a false identity on the Services.
      18. You shall not post or send anything violent, threatening, pornographic, obscene, inflammatory, racist, hateful, or otherwise objectionable, all as determined in our sole discretion or under applicable law.
      19. You shall not post any information or material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm.
      20. You shall not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
      21. You shall not post any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
      22. You shall not provide any comments, text or any other answers, responses, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide.
      23. You shall not post any material that, in the sole judgment of PMD, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose PMD, the Services, its Users, or its Visitors to any harm or liability of any type.
      24. You shall not violate the laws of the United States, its states or any other countries or entities having jurisdiction over these Terms, PMD or yourself, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
      25. You shall not do anything else that PMD believes (in its sole discretion) could harm or negatively affect us or any other User, Visitor, or third party.

      Any unauthorized use of the Services (as described above or in these Terms, as solely determined by PMD) shall immediately terminate the licenses granted by PMD and any related uses.

      You acknowledge and agree that if another User violates any term in the Other Uses of Partner Content section (or any other term in these Terms) and you are negatively affected by such violation, that User, and not PMD, shall be liable for any resulting damages or claims you may be entitled to under applicable laws. You agree that you will initiate all such claims directly against that User and not PMD, and that you may contact PMD for the possibility of PMD seeking to assert its indemnification rights, as solely determined by PMD in its sole discretion.

    4. Changes to the Services and Pricing

      We reserve the right, at any time, to modify, update, suspend, or discontinue the Services and any related terms and pricing (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, updates, suspension, or discontinuation of the Services or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services or related pricing shall be subject to these Terms.

    5. Terms and Termination

      Subject to this section, these Terms will remain in full force and effect while you use the Services. We may, without any liability to you whatsoever, suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. This means we have the right to revoke our consent to your use of the Services, the PMD Property and/or any other permissions we previously granted to you. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. Even after your rights under these Terms are terminated, certain obligations and liabilities of the Parties under these Terms regarding confidentiality, payment, intellectual property, indemnification, representations and warranties, limitation of liability and others by their sense and context are intended to and will survive such termination (and remain in effect), including the following sections:

    6. Indemnification

      1. You agree to indemnify, defend and hold us and our affiliates, including each of our Representatives (collectively and individually, "Indemnitees") harmless from any claims, disputes, demands, liabilities, damages, losses and costs and expenses (including without limitation reasonable attorneys’ fees and costs) or demand made by any third party arising out of or in any way connected with (a) your use of the Services, (b) your violation of these Terms, (c) the display, posting or any other use of your Content through or in connection with the Services or us, or (d) your violation of applicable laws or regulations. If you are an Organization, then all references to "you" in the Indemnification section includes the Organization and all of its Representatives.
      2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify all Indemnitees, and you agree to cooperate with our defense of these claims. In the alternative, we may choose for you to assume the exclusive defense and control any a matter for which you are required to indemnify the applicable Indemnitees, and upon our written request for such case, we will cooperate with your defense of these claims. You agree not to settle any matter related to your indemnification obligations without our prior written consent. We will use reasonable efforts to notify you of any indemnifiable claim, action or proceeding upon becoming aware of it. Our failure to promptly notify you as to the existence of an indemnifiable claim will not relieve your applicable indemnification obligations, except to the extent that such failure or delay is prejudicial.

    7. Disclaimers

      1. THE SERVICES, INCLUDING ALL PMD CONTENT, PMD PROPERTY, PARTNER CONTENT OR ANY OTHER INFORMATION OR MATERIALS PROVIDED BY PMD OR ITS SUPPLIERS (COLLECTIVELY REFERRED TO AS "THE SERVICES") ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND WE (AND OUR REPRESENTATIVES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR REPRESENTATIVES) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
      2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    8. Limitation on Liability

      1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PMD OR ITS AFFILIATES (INCLUDING THEIR RESPECTIVE REPRESENTATIVES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOST CREATOR CONTENT OR PIANO MUSIC, LOST PARTNER CONTENT, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF CONTENT OR DATA (INCLUDING CREATOR CONTENT OR PIANO MUSIC OR USER CONTENT) RESULTING THEREFROM.
      2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES RELATED TO OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO PMD FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO PMD. THE EXISTENCE OF MORE THAN ONE CLAIM OVER ANY PERIOD OF TIME WILL NOT ENLARGE THIS LIMIT.
      3. YOU AGREE THAT OUR REPRESENTATIVES WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE LIMITATION ON LIABILITY SECTION AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.
      4. 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.
      5. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PMD AND YOU.

    9. Release and Waivers

      1. Release

        You hereby release and forever discharge us and our Representatives, including our affiliates (and their Representatives) and successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services or any Third-Party Links and Advertisements).

      2. Residents of California

        IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

      3. Jurisdictions Prohibiting PMD’s Limitation of Liability

        Notwithstanding any provision of these Terms, if your jurisdiction has laws or regulations specific to waiver or liability that conflict with the Terms then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, directors, employees or independent contractors; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    10. Informal Dispute Procedure

      Prior to formally filing any claim against us or any of our Representatives ("Dispute"), you must use good faith efforts to attempt to resolve such Dispute informally by submitting to PMD a written notice of the Dispute describing the nature and basis of the Dispute and the requested relief ("Dispute Notice"). Upon receiving such Dispute Notice, we will use good faith efforts to resolve the Dispute informally by contacting you within sixty (60) days of such receipt. If a Dispute is not resolved within one hundred and twenty (120) days after the date of our first contact with you, then either party may bring a formal proceeding through the arbitration procedures as described below.

    11. Arbitration

      Read this section on Arbitration carefully. It is part of your agreement with PMD under these Terms and affects your rights. The following contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

      1. All "Arbitration Cases," which means all claims and disputes (excluding claims for injunctive or other equitable relief as specified in the Equitable Relief and Claims Not Subject to Arbitration sections) related to your use of the Services or to the Terms that cannot be resolved informally as required in these Terms, shall be resolved by binding arbitration on an individual basis in accordance with this section. Except as specified in these Terms, PMD is not committed nor obligated to use an alternative dispute resolution entity to resolve disputes with you.Unless otherwise agreed to in writing by both parties, all arbitration proceedings shall be held in English.

      2. U.S. Arbitration Rules

        If an Arbitration Case involves a User or Visitor based or residing in the U.S. or use of the subject Services occurred in the U.S., then arbitration shall be initiated through the "American Arbitration Association" ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in these Terms. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.

      3. International Arbitration Rules

        If an Arbitration Case involves a User or Visitor based or residing outside of the U.S. or the use of the subject Services occurred outside of the U.S., then arbitration shall be initiated through the "International Centre for Dispute Resolution" ("ICDR"), an established ADR Provider that offers arbitration as set forth in these Terms. If ICDR is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.

      4. The arbitration requirements for all Arbitration Cases shall apply to all Users, Visitors, and PMD, and to any such party’s Representatives, predecessors in interest, successors, and assigns, as well as all beneficiaries of Services (if applicable) provided in these Terms.
      5. The arbitration shall be conducted by a single, neutral arbitrator, unless the claim exceeds $100,000.00, in which case the arbitration shall be conducted by a panel of three arbitrators. All such arbitrators shall be or was an attorney and has professional experience in the business of teaching piano, piano performance, piano music and related analytics (music theory, etc.) of piano music, the music publishing industry and in connection with related technology, similar platforms, databases, mobile apps and websites.
      6. Within twenty (20) days after the commencement of arbitration, each party shall select the specified persons to serve as arbitrator(s). If the parties cannot mutually agree in good faith (and in writing) to the selection of the arbitrator(s) within this 20-day period, the AAA or ICDR (whichever applicable) shall, at either party’s written request, complete the appointments that have not been made.
      7. The "Expedited Procedures" under the AAA or ICDR (whichever applicable) shall apply in any Arbitration Case in which no disclosed claim or counterclaim exceeds $100,000.00, not including interest or reasonable attorneys’ fees and arbitration costs.
      8. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (U.S. $10,000.00) may be resolved, under the AAA or ICDR (whichever applicable), through binding non-appearance-based arbitration, at the option of the party seeking relief. Accordingly, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed in writing by both parties.
      9. For Arbitration Cases with the total amount of the award sought is ten thousand U.S. dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the arbitration rules under the AAA or ICDR (whichever applicable). Any hearing will be held in a location within 100 miles of PMD’s principal place of business, unless the parties mutually agree otherwise in writing. If User’s or Visitor’s principal place of residence or business is located outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings and how virtual appearance or attendance by either party will be set up. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction located within 100 miles of PMD’s principal place of business. Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, unless the arbitrator determines that User’s or Visitor’s claim is frivolous, then PMD may seek for User or Visitor to cover PMD’s reasonable attorneys’ fees and all fees and costs of the ADR Provider.
      10. The amount of any settlement offer made by any party may not be disclosed to the arbitrator in any Arbitration Case until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
      11. The award for an Arbitration Case shall be made within six (6) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. This time limit, however, may be extended by the arbitrator(s) for good cause shown, or by the parties’ mutual written agreement.
      12. Notwithstanding anything to the contrary in these Terms, the parties agree that: (a) the award (as described in section 11.11) may be appealed pursuant to the optional appellate arbitration rules under the AAA or ICDR, whichever applicable ("Appellate Rules"); (b) such award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and (c) such award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by the Appellate Rules, by filing a "Notice of Appeal" with any AAA or ICDR office (whichever applicable). Following the Notice of Appeal process, the decision rendered by the Arbitrator tribunal may be entered in any court having jurisdiction thereof.
      13. If arbitration is initiated in compliance with the Arbitration section, the arbitrator(s) will decide the rights and liabilities, if any, of User or Visitor and PMD, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator(s) shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to the claimant under applicable law, the AAA or ICDR rules (whichever applicable), and the terms of these Terms. The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator(s) has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator(s) is binding upon User or Visitor and PMD as specified in this section.

      14. Confidentiality

        All aspects of the arbitration proceeding, including the award of the arbitrator and each party’s compliance with such award, shall be strictly confidential. The parties agree to maintain all such confidentiality unless otherwise required by law.

      15. Equitable Relief During Arbitration

        Notwithstanding anything to the contrary in the Arbitration section, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under the Arbitration section or any other of the Terms.

    12. Miscellaneous

      1. Equitable Relief

        You acknowledge and agree that your obligations regarding non-competition, non-solicitation, Confidential Information and any intellectual property rights hereunder have a unique, very substantial and immeasurable value to PMD, and breach of such obligations would cause irreparable harm and unascertainable damages to PMD; entitling PMD to injunctive relief and any other available remedies, including reasonable attorneys’ fees and costs, without posting a bond or security or proving any actual damages, and in addition to any monetary relief as may be recoverable by law.

      2. Claims Not Subject to Arbitration

        Notwithstanding anything to the contrary in the Informal Dispute Procedure, Arbitration, and Equitable Relief sections, any claims (including those related to equitable relief below) of defamation, libel or privacy, violation of the Computer Fraud and Abuse Act, infringement or misappropriation of a party’s patent, copyright, trademark or trade secrets (or any other intellectual property rights), User’s material breach of these Terms (including your failure to pay any required fees) related to your use of the Services shall not be subject to the arbitration terms in the Arbitration section so long as the parties followed the Informal Dispute Procedure in the Informal Dispute Procedure section. Notwithstanding anything to the contrary in this section, either party may submit to a court of law to enforce an arbitration award, and PMD may submit to a court of law to enforce these Terms or seek injunctive or equitable relief.

      3. Waiver of Class or Consolidated Actions

        Notwithstanding anything to the contrary in these Terms, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED (AS PERMITTED IN THESE TERMS) ON AN INDIVIDUAL PERSON OR ORGANIZATION BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER OR VISITOR (WHETHER AN INDIVIDUAL OR A BUSINESS, ORGANIZATION OR ENTITY OR ANY RELATED AFFILIATE) CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR VISITOR (WHETHER AN INDIVIDUAL OR A BUSINESS, ORGANIZATION OR ENTITY OR ANY RELATED AFFILIATE).

      4. Waiver of Jury Trial

        THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY for any claims and disputes not subject to arbitration, and those that are subject to arbitration shall be resolved in accordance with the arbitration terms above. In the event any litigation should arise between you and PMD in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PMD WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

      5. Governing Law and Jurisdiction

        The validity, construction and interpretation of the Terms will be governed by the laws of the State of Ohio, excluding its conflict of laws provisions, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. In any circumstances where the arbitration terms in the Arbitration section permit the parties to litigate in court (including either party seeking equitable relief as permitted in the Equitable Relief section), the parties irrevocably agree that jurisdiction and venue shall be that of the federal and state courts located in the City of Cincinnati and in Hamilton County, Ohio, for such purpose, and you agree to accept service by delivery through first class mail. If you bring a dispute in a manner other than in accordance with these Terms, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

      6. Time Limit

        Notwithstanding any to the contrary in these Terms, except for those subject to the Equitable Relief or Claims Not Subject to Arbitration sections, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else such claim or cause of action will be barred forever.

      7. Attorneys’ Fees

        Unless otherwise specified in the Arbitration section specifically for arbitration proceedings, you agree that the unsuccessful party in any dispute arising from or relating to these Terms and Conditions will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, costs and expenses incurred.

      8. Notice Requirements

        Except as otherwise specified in these Terms, all notices pertaining to any action related to the interpretation, disputed performance or breach of any provision of these Terms must be in writing and must be sent via email and also delivered or sent by: (a) first class mail, registered or certified, return receipt requested, postage pre-paid; or (b) express mail, or national express courier with a tracking system, to the addresses for each party specified in these Terms. All notices required under these Terms will be deemed given on the day actually received by the party to whom the notice is addressed, except receipt of emails will be deemed given based on the date that is automatically included in the email, provided such a day is a business day; otherwise, on the next business day after the email is sent.

      9. Entire Agreement

        These Terms constitute the entire and exclusive agreement between you and PMD regarding the Services and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and PMD regarding all of our Services. Unless expressly provided in these Terms, no remedy specified herein is intended to be exclusive of any other remedy, and each and every remedy will be cumulative and in addition to every other right or remedy provided herein or available at law or in equity. This Terms and Conditions is for the sole benefit of the parties under these Terms and such parties’ successors and permitted assigns, and nothing herein express or implied shall give or be construed to give any person or entity other than such parties any legal or equitable rights hereunder. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon our successors or assignees.

      10. No Waivers

        No delay or omission by either party to exercise any right or power it has (in whole or in part) under these Terms will be construed as a waiver of such right or power. A waiver by either party of any breach by the other party will not be construed to be a waiver of any succeeding breach or any other covenant by the other party. All waivers must be in writing and signed by the party waiving its rights.

      11. Severability

        If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be deleted and the other provisions shall remain in full force and effect. Upon such determination, the parties shall negotiate in good faith to substitute or modify (to the greatest extent possible) the invalid or voidable provision with a valid provision most closely approximating the economic effect and intent of the invalid provision that was originally contemplated by the parties and so that such revised provision is valid and enforceable to the maximum extent permitted by law.

      12. Interpretation

        The section titles in these Terms are for convenience only and have no legal or contractual effect. For purposes of these Terms: (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms as a whole.

      13. Exports

        You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by PMD hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

      14. Order of Precedence

        In the event of a conflict between the Terms and other documents identified these Terms, the order of precedence will be: (a) the "Other Terms; for All Users of Any PMD Services"; (b) the "Overview of Our Terms and Conditions"; (c) the Privacy Policy; (d) the "Basic Terms" for the applicable User at issue; (e) the applicable "Other PMD Terms"; and (f) the applicable "Third Party Terms."

      15. Electronic Communications

        The communications between you and PMD use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you: (a) consent to receive communications from us in any 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 such legal requirement as if the communications were in hard copy writing. The foregoing does not affect your non-waivable rights.

      16. Contact


        GET IN CONTACT VIA EMAIL AT Contact@PianoMusicDatabase.com IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

Last Updated on 2024-03-08 at 05:56:10.743 GMT