TERMS OF SALE
Purchases from www.billmullinsmusic.com (BMM) areavailable worldwide. For purchases outside of the United States, verificationof payment may be required before the delivery of products.
PAYMENT METHODS
BMM accepts payment through yourPayPal account, coupons, gift certificates, and Account Balances as forms ofpayment. If your PayPal account is being used for a transaction, BMM may obtaina pre-approval from PayPal for an amount up to the amount of the order. Billingto your PayPal account occurs at the time of purchase or shortly thereafter. Ifthe balance from Gift Certificate or Account Balance is used for a transaction,the amount is deducted from your account or your Gift Certificate (as the casemay be) at the time of purchase. If the total amount of the transaction isgreater than the balance available in your Gift Certificate or Account Balance,your PayPal account will be charged for the balance.
BMM does not directly accept creditcards, but works through PayPal, which enables credit card purchases on thissite.
If a transaction has been declinedonline due to issues with your PayPal account, please ensure all data iscorrect and resubmit. If the transaction is not accepted online, you will beunable to use your PayPal account for your transaction.
SALES TAX
BMM transactions will include salestax based on the bill-to address and the sales tax rate in effect at the timeyour transaction is completed. If the sales tax rate for the billing addresschanges before the purchased digital content is downloaded, the new tax rate ineffect at the time of download will apply. We will only charge tax in stateswhere digital goods are taxable. No customers are eligible for tax exemptionsfor transactions made on BMM. Ifyou are a tax-exempt corporation or individual, please contact BMM forinformation on how you can purchase without paying sales tax.
PRE-ORDERS
By pre-ordering Products, you areauthorizing BMM to automatically charge your account and download the productwhen it becomes available. You may cancel your pre-order prior to the time theitem becomes available, by going to your Account page and clicking ManagePre-Orders on your computer. Pre-orders purchased from your computer can onlybe managed and downloaded on your computer.
GIFT CERTIFICATE AND COUPONTRANSACTIONS
Gift Certificates and Coupons may beredeemed for BMM transactions only and are non-refundable, except as requiredby law. Sales tax will not be charged when the Gift Certificate is purchased.Sales tax is charged when the Gift Certificate, but not when the Coupon is usedfor a BMM transaction. The tax rate on the transaction is based on the addressof the redeemer (see Tax section for more information). Purchases for GiftCertificates may be purchased only in whole dollar increments or designatedamounts. Gift Certificates may not be used to purchase other Gift Certificates.
PRICES
BMM endeavors to offer youcompetitive prices on current selections. Your total price will include theprice of the Product plus any applicable sales tax (in effect on the day ofdownload). BMM reserves the right to change prices for Products offered atwww.billmullinsmusic.com at any time.
FOR ASSISTANCE WITH ORDERS
For assistance with billingquestions or other order inquiries, please contact BMM directly, using theContact Us link on www.billmullinsmusic.com.
CONTENT USAGE RULES
When downloading anything from BMM,you agree to use it for your own personal, non-commercial, and non-public use.You agree to not copy or duplicate any material for distribution to othersbeside yourself.
OTHER TERMS AND CONDITIONS
BMM is not responsible fortypographic errors.
BMM reserves the right to change theterms and conditions of sale at www.billmullinsmusic.com at any time. Customersare encouraged to review the Terms of Sale on a periodic basis formodifications.
Last updated: June 30, 2010
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TERMS OFSERVICE
THIS IS A LEGAL AGREEMENT BETWEENYOU AND WWW.BILLMULLINSMUSIC.COM (BMM) STATING THE TERMS THAT GOVERN YOUR USEOF THE BMM DOWNLOAD SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES,ADDITIONAL TERMS, AND ALL OF BMM’S RULES AND POLICIES - COLLECTIVELY CONSTITUTETHE "AGREEMENT" BETWEEN YOU AND BMM. TO AGREE TO THESE TERMS, CLICK"AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK"AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BYTHESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOTACCEPTABLE, AND BMM MAY REFUSE ACCESS TO DOWNLOADS FOR NONCOMPLIANCE WITH ANYPART OF THIS AGREEMENT.
1. Privacy
a. BMM's Privacy Policy. Except asotherwise expressly provided for in this Agreement, the Download Service issubject to BMMs Privacy Policy at www.billmullinsmusic.com, which is expresslymade a part of this Agreement. If you have not already read BMM's Privacy Policy,you should do so now.
At all times your information willbe treated in accordance with BMM’s Customer Privacy Policy which can be viewedat: www.billmullinsmusic.com.
2. Your Information. You agree toprovide accurate, current, and complete information required to register withthe Download Service and at other points as may be required in the course ofusing the Download Service ("Registration Data"). You further agreeto maintain and update your Registration Data as required to keep it accurate,current, and complete. BMM may terminate your rights to any or all of theDownload Service if any information you provide is false, inaccurate orincomplete. You agree that BMM may store and use the Registration Data youprovide (including PayPal account information) for use in maintaining youraccounts and billing fees to your credit card or PayPal account.
3. User Account and Security.
a. Account and Password. As aregistered user of the Download Service, you may receive or establish anaccount ("Account"). You are solely responsible for maintaining theconfidentiality and security of your Account. You should not reveal yourAccount information to anyone else or use anyone else's Account. You areentirely responsible for all activities that occur on or through your Account,and you agree to immediately notify BMM of any unauthorized use of your Accountor any other breach of security. BMM shall not be responsible for any lossesarising out of the unauthorized use of your Account.
b. Security. You shall not access orattempt to access an Account that you are not authorized to access. Violationsof system or network security may result in civil or criminal liability.
4. Purchase of Content
a. Products Requirements. Youacknowledge that use of Products may require the use of other hardware andsoftware products and that such hardware and software is your responsibility.Products may only be downloaded once; after being downloaded, they cannot bereplaced if lost for any reason. Once a Product is purchased and you receivethe Product, it is your responsibility not to lose, destroy, or damage theProduct, and BMM shall be without liability to you in the event of any loss,destruction, or damage.
b. Use of Products. You agree to theusage of Products in accordance with the following applicable Usage Rules, and,whether or not Products are limited by security technology, you agree to useProducts in compliance with the applicable Usage Rules.
Usage Rules
(i) Your use of the Products isconditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to usethe Products only for personal, non-commercial, and non-public use.
(iii) You shall be entitled toexport, burn (if applicable), copy (if applicable), or print (if applicable)Products solely for personal, noncommercial, and non-public use.
(iv) Any burning (if applicable) orexporting capabilities are solely an accommodation to you and shall notconstitute a grant or waiver (or other limitation or implication) of any rightsof the copyright owners in any audio content, sound recording, underlyingmusical composition, or artwork embodied in any Product.
(v) The delivery of Products doesnot transfer to you any commercial or promotional use rights in the Products.
c. You agree that your purchase ofProducts constitutes your acceptance of and agreement to use such Productssolely in accordance with the Usage Rules, and that any other use of theProducts may constitute a copyright infringement. The Usage Rules shall govern yourrights with respect to the Products, in addition to any other terms or rulesthat may have been established between you and another party. BMM reserves theright to modify the Usage Rules at any time, without previous notice.
5. Agreement to Pay.
a. Payment for Products. You agreeto pay for all Products you purchase through the Download Service, and that BMMmay charge your PayPal account for any Products purchased. YOU ARE RESPONSIBLEFOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BMM WITH A VALID PAYPALACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the PayPalaccount you designate during the registration process. If there is a change inyour PayPal account status, you must change your PayPal account informationonline at the My Account section of www.billmullinsmusic.com.
b. Right to Change Prices andAvailability of Products. Prices and availability of any Products are subjectto change at any time.
c. Electronic Signatures andContracts. Your use of the Service includes the ability to enter intoagreements and/or to make transactions electronically. YOU ACKNOWLEDGE THATYOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BYAND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TOBE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALLTRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION,POLICIES, CONTRACTS, AND APPLICATIONS.
6. Delivery of Products.
a. Products will be available fordownload once payment has been verified. If, for any reason, the Product hasbeen downloaded without proper payment, your PayPal account will be charged thefull amount of the Product.
b. Technical Problems. On occasion,technical problems may delay or prevent digital delivery of your Product. Yourexclusive and sole remedy with respect to Product that is not delivered withina reasonable period will be either replacement of such Product, or refund ofthe price paid for such Product, as determined by BMM.
c. Shipping. All Products thatrequire physical shipping will be sent by ground delivery for a $3.95 flat ratefee. If customer desires a different delivery arrangement, they must notify BMMbefore the Product is purchased to arrange for delivery.
7. Intellectual Property.
a. Acknowledgement of Ownership. TheProducts (including, but not limited to images, recordings, arrangements, sheetmusic, etc.) on this site are the creation, work, and property of, and arecopyrighted by BMM. Any attempt to duplicate them is illegal and will beprosecuted to the fullest extent of the law, where applicable.
8. Disclaimer of Warranties;Liability Limitations.
a. BMM DOES NOT GUARANTEE,REPRESENT, OR WARRANT THAT YOUR USE OF THE DOWNLOAD SERVICE WILL BEUNINTERRUPTED OR ERROR-FREE.
b. YOU EXPRESSLY AGREE THAT YOUR USEOF, OR INABILITY TO USE, THE DOWNLOAD SERVICE IS AT YOUR SOLE RISK.
c. IN NO CASE SHALL BMM, ITSDIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORSBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, ORCONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANYOTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOTLIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DOWNLOAD SERVICE, EVEN IFADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TOTHE EXTENT PERMITTED BY LAW.
d. BMM SHALL USE REASONABLE EFFORTSTO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUTYOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOURSOLE RISK, AND BMM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSSOR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. BMM DOES NOT REPRESENT ORGUARANTEE THAT THE DOWNLOAD SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK,VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BMMDISCLAIMSANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTERBEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BERESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASEDFROM BMM THAT ARE STORED IN YOUR SYSTEM.
9. Waiver and Indemnity. BY USINGTHE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD BMM, ITS DIRECTORS, OFFICERS,EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECTTO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THEDOWNLOAD SERVICE, OR ANY ACTION TAKEN BY BMM AS PART OF ITS INVESTIGATION OF ASUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISIONTHAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUEOR RECOVER ANY DAMAGES FROM BMM, ITS DIRECTORS, OFFICERS, EMPLOYEES,AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TOREMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPENDOR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THEINVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BMM’S CONCLUSION THATA VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISIONAPPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
10. Changes. BMM reserves the right,at any time and from time to time, to update, revise, supplement, and otherwisemodify this Agreement. Such updates, revisions, supplements, modifications, andadditional rules, policies, terms, and conditions (collectively referred to inthis Agreement as "Additional Terms") will be effective immediatelyand incorporated into this Agreement. Please re-read this agreement from timeto time to ensure you understand and acknowledge the most current version ofthe Agreement.
11. Notices. BMM may send you noticewith respect to the Service by sending an email message to the email addresslisted in your BMM Account contact information, by sending a letter via postalmail to the contact address listed in your BMMAccount contact information, orby a posting on www.billmullinsmusic.com. Notices shall become effectiveimmediately.
Last updated June 30, 2010
GIFT CERTIFICATES AND COUPONS
1. Any unused balance will be placed in the recipient's applicable Gift Certificate or account and is not transferable.
2. If your order exceeds the amount of your Gift Certificate, or Coupon, you must establish a customer account and pay for the balance with a PayPal account as detailed in the Terms of Sale.
3. BMM is not responsible for lost or stolen Gift Certificates, or Coupons. If you have any questions, please visit www.billmullinsmusic.com.
4. BMM reserves the right to close customer accounts and request alternative forms of payment if a Gift Certificate, or Coupons is fraudulently obtained or used on www.billmullinsmusic.com.
5. BMM reserves the right to change any of these terms and conditions from time to time without notice.
6. Any part of these Terms and Conditions may be void where prohibited or restricted by law.
7. Don't Steal Music. Music (digital downloads, sheet music, arrangements, images, etc.) and other content purchased from BMM is for personal lawful use only.
Last updated: June 30, 2010
Privacy Policy
We collect necessary personal information to allow us tocharge your PayPal account, establish a user account, and market futureproducts to you. This information includes names, mailing addresses, email addresses,and Paypal account information. None of this information will be sold or usedfor purposes other than described. Cookies and other technologies may be usedby the website to recommend Products to purchase, track your order, allowdownloads, and other uses. BMM will take reasonable and necessary steps toensure the safety and integrity of your personal information. To be removedfrom BMM’s mailing list, please use the link on the left side of the main pageto unsubscribe.