Agreement between User and dalsegnomusicservices.com
The dalsegnomusicservices.com website (the “Site”) is comprised of various web pages operated by Dal segno Music Services LLC (“DSMS”). The Site is offered to you conditioned on the acceptance of without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of dalsegnomusicservices.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
dalsegnomusicservices is an E-commerce Site
DSMS offers Finale® instruction, music preparation services including music engraving, transcription, and arranging. In addition, DSMS offers for online purchase original compositions, arrangements and music transcriptions in digital formats for download and printing. In some cases, printable files are packaged with related audio and MIDI files.
Sending e-mails to DSMS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that DSMS provides to you electronically, via e-mail and on the Site, satisfy any legal requirements that such communications be in writing.
If you create a client account for this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DSMS is not responsible for third party access to your account that results from theft or appropriation of your account. DSMS reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion.
DSMS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use dalsegnomusicservices.com only with permission of a parent or guardian.
DSMS does not offer refunds on digital products of any kind. Please contact DSMS at firstname.lastname@example.org with any questions.
Links to Third Part Sites / Third Party Services
dalsegnomusicservices.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DSMS and DSMS is not responsible for the content of any Linked Site including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. DSMS is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by DSMS of the site or any association with its operators.
Certain services made available via dalsegnomusicservices.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the dalsegnomusicservices.com domain, you hereby acknowledge and consent that DSMS may share such information and data with any third party with whom DSMS has a contractual relationship to provide the requested product, service or functionality on behalf of dalsegnomusicservices.com users and its customers.
Unlawful or Prohibited Use / Intellectual Property
All content included as part of the Service such as text, graphics, logos, images, as well as compilation thereof, and any any software used on the Site, is the property of DSMS or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DSMS content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of DSMS and the copyright owner. You agree that you do not acquire any ownership rights of any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DSMS or its licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by DSMS from offices within the USA. If you access the Service from a location outside the USA you are responsible for compliance with all local laws. You agree that you will not use any DSMS Content accessed through dalsegnomusicservices.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DSMS and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.DSMS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DSMS in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERIEN. DAL SEGNO MUSIC SERVICES AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES TO THE SITE AT ANY TIME.
DAL SEGNO MUSIC SERVICES AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAL SEGNO MUSIC SERVICES AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / Access Restriction
DSMS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DSMS as a result of this agreement or use of the Site. DSMS’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of DSMS’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DSMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DSMS with respect to the Site and it supersedes all prior contemporaneous communications and proposals, whether electronic, oral, or written, between the user and DSMS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DSMS reserves the right, in its sole discretion, to change the Terms under which dalsegnomusicservices.com is offered. The most current version of the Terms will supersede all previous versions. DSMS encourages you to periodically review the Terms to stay informed of any updates.
DSMS welcomes your questions or comments regarding the Terms.
Dal segno Music Services LLC
400 Groveland Avenue #413
Minneapolis, MN 55403-3244