Terms and Conditions
Welcome to the Brubel Music website. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.
1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over network. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In order to use certain functions and features of the Website, you must register for an Account and provide registration information about yourself as requested by the Website. You warrant and represent: (a) all requested registration information is accurate and truthful; and (b) you will maintain and update such requested registration information to ensure accuracy. You may delete your Account at any time and for any reason by giving written notice to Brubel Music as provided herein. It is your sole responsibility to maintain the confidentiality of your Account login information and for all Account activities in connection with your Account. You may not transfer your Account to any other person or entity, and you accept that Brubel Music is not responsible for any third party access activities discovered within the login of your Account, either for product charges or for misappropriations to your Account while accessing the Website. Should you suspect or incur any unauthorized use of your Account, or encounter any breach of security to your Account, you shall immediately notify Brubel Music by written notice, as provided herein. Brubel Music shall not be liable for any loss or damage occurring from your failure to comply with the provisions herein. Brubel Music reserves the right to terminate your Account for any reason at any time with or without prior notice to you. You acknowledge and agree that if Brubel Music terminates your Account, your Account information may no longer be available to you. Brubel Music may store and use your Account registration information for use in maintaining your Account.
You may purchase a revocable, non-transferable, non-exclusive license to any specific and then current sheet music on the Website of: (a) printed scores; and/or (b) ensemble, solo, orchestral and/or symphonic band scores (individually and collectively, the “Materials”). For Materials ordered by you, you authorize Brubel Music to process and bill your credit card for the fees listed for such Materials ordered. However, such purchase of Materials does not grant the sharing or transfer of such Materials to third party ensembles or organizations, nor the rental or sale of the Materials without the prior written consent of Brubel.
6. INTELLECTUAL PROPERTY
The revocable, non-transferable, non-exclusive rights granted to you in the Materials are subject to the following conditions and restrictions: (a) you shall not print more than one (1) copy of the applicable Materials for each license of such Materials purchased by you; (b) you shall ONLY use the Materials in the manner as expressly permitted herein; (c) you shall not create any derivative works of the Materials; and/or (d) you shall not modify any of the Materials. You acknowledge that all intellectual property, including, without limitation, copyrights, trademarks, logos, icons, and other materials featured on the Website are solely and exclusively owned by Brubel Music (individually and collectively, “Intellectual Property”). You are not granted any right to reproduce, distribute, sell, broadcast, license or otherwise use and/or exploit Brubel’s Intellectual Property, in whole or in part. If you provide submissions of feedback, suggestions and/or other information to Brubel Music via the Website (individually and collectively, “Submissions”), then you hereby assign to Brubel Music all right, title and interest in and to the Submissions and such Submissions are the property of Brubel. You agree that you shall not submit to Brubel Music and Submissions that would: (XX) be considered confidential and/or proprietary; (YY) subject Brubel Music to liability for the use of any Submissions; and/or (ZZ) violate the rights of any third party. For the avoidance of doubt, Brubel Music shall have exclusive ownership of the Submissions for any exploitation and use, without compensation to you. The Website may require the use of third party software which shall be governed by such third party’s software license and not subject to the Terms hereof.
Brubel Music is not able to guarantee the security of your personal information, which is transmitted over the internet, including the transmission of your data from your location to our Website during registration and transactions, until your data reaches the Website. In addition, we assume no liability for the disclosure of data, which may be due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Brubel’s control.
The Website is neither intended nor directed toward the access or use by minors under the age of 18. Permission for minors accessing and using the Website is restricted, unless written permission is received by the parent or guardian of a minor under the age of 18 from Brubel, and such parent or guardian agrees to: (a) supervise the minor’s access and use of the Website; (b) assume any and all risks and/or liabilities in connection with the minor’s access and use of the Website; and (c) assume all responsibility pursuant to the Terms for minor’s access and use of the Website. Permission for minor’s access and use of the Website is required in the form of writing as a formal request to Brubel, which such request shall include the signature of the parent or guardian of the minor, with the description and reasons for access and use to be granted by Brubel.
10. MEMBERSHIP AND CANCELLATION
There is no membership fee to establish an Account or to access and use of the Website, and therefore no cancellation fee required when a user elects to terminate their Account and remove their access to the Website.
11. THIRD PARTY WEBSITES
12. DISCLAIMER OF WARRANTIES
THE WEBSITE, MATERIALS, AND RELATED SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BRUBEL MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUALITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE, BRUBEL MUSIC DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE OR OTHER MATERIALS PROVIDED THROUGH THE WEBSITE, (A) WILL OPERATE ON AN UNINTERRUPTED OR TIMELY, ERROR FREE, OR SECURE BASIS; (B) WILL BE ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (C) THAT THE QUALITY OF THE WEBSITE SHALL BE SATISFACTORY TO YOU AND MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. LIMITATION ON LIABILITY
IN NO EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL BRUBEL MUSIC BE LIABLE FOR ANY LOST DATA, LOST PROFIT, LOST MATERIALS, OR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE THE WEBSITE OR OTHER MATERIALS PROVIDED THROUGH THE WEBSITE, WHETHER OR NOT BRUBEL MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. USE OF THE WEBSITE AND MATERIALS PROVIDED THROUGH THE WEBSITE ARE AT YOUR OWN RISK AND DISCRETION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM SUCH DAMAGE TO YOUR COMPUTER. BRUBEL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE OR MATERIALS PROVIDED THROUGH THE WEBSITE, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO BRUBEL MUSIC FOR THE MATERIAL PROVIDED THROUGH THE WEBSITE. IN THE EVENT YOU HAVE A DISPUTE WITH BRUBEL MUSIC OR ARE DISSATISFIED WITH THE WEBSITE, EXCEPT AS PROVIDED IN THIS AGREEMENT, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. EXCEPT AS PROVIDED IN THIS AGREEMENT, BRUBEL MUSIC SHALL HAVE NO OTHER OBLIGATION, RESPONSIBILITY OR LIABILITY TO YOU.
You hereby agree to indemnify and hold Brubel, its subsidiaries, affiliates (and all its directors, officers, agents, and/or employees thereof) harmless against any losses, costs, damages, liabilities and/or expenses (including attorneys’ fees and legal costs) arising, incurred, or suffered by your: (a) use of the Website or any Materials purchased from the Website; (b) breach of any provisions of these Terms; and/or (c) violations of any applicable law, regulations, or rights of any third party by you in connection with use of the Website.
15. USER RESPONSIBILITY
Any user accessing and utilizing the services of the Website assumes the following responsibilities:
- User agrees to not act or engage in any malicious manner, or manipulate in any way, use of the Website in such a manner that the whole Website, or any section or service of the Website, is negatively interrupted, damaged, or rendered less efficient, or that the usability or functionality of the Website is in any way impaired.
- User agrees not to use the Website for the transmission or posting of any computer viruses, negatively manipulate any Website Content, or engage in the misuse of any material which is defamatory, offensive, or of an obscene or menacing character, or which with any inappropriate action would provoke distress, annoyance, inconvenience or needless anxiety for any Users or proper administration of the Website.
- User agrees not to use the Website in a manner which constitutes a violation or infringement of or against any person, company, or organization (including but not limited to rights of copyright or confidentiality).
- User agrees the not to use the Website to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Brubel.
In the event a user has any right, claim or action against any other user arising out of the use of the Website, then said designated user shall pursue such right, claim or action independently of, and without recourse to Brubel, which always reserves the right to change any Material on its Website, including but not limited to revising, deleting, or adding features or information at any time without prior notice to users of its Website.
16. REVISIONS TO TERMS
It is understood and accepted that revisions to the Terms may be made on occasion or on a regular basis. In the event of revisions to the Terms by Brubel, Brubel Music shall update the Effective Date herein above. By accessing and /or using the Website after such revisions, you acknowledge to have read, understood and agreed to be bound by such revisions to the Terms. In the event you do not agree to such revisions to the Terms, then, you may not access and/or use the Website. It is the responsibility of a user to continue to review this page of the Website for revisions and examine the current Terms from time to time.
This agreement constitutes the entire understanding and agreement between you and Brubel Music regarding the subject matter herein. The headers in this agreement are for convenience only and have no contractual or legal effect. Your rights and obligations in this agreement shall not be assigned, delegated, or transferred by you without Brubel’s prior written consent, and any attempt assignment, delegation, or transfer in violation of the foregoing shall be null and void ab initio. Brubel Music may assign, delegate or transfer this agreement. If any provision of these Terms is determined or held to be invalid or unenforceable, such provision shall be removed and all remaining terms and provisions shall be enforced. Any failure on the part of Brubel Music to act in accordance or reaction to a breach by one or more users or others regarding its Website does not waive its right to act with respect to subsequent or similar breaches of conduct or access. The Terms are governed in all aspects by the laws of the State of California and by the laws of the United States of America. Any legal matters or proceedings related to any of the Terms shall be brought to the attention of, and managed exclusively within the justice system of the United States.
PLEASE READ THIS PARAGRAPH 17 CAREFULLY, AS IT AFFECTS YOUR RIGHTS. Except for claims of infringement or misappropriation of Brubel’s Intellectual Property rights, any and all controversies or disputes related in any way to the Terms of this agreement that should arise between you and Brubel Music shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator. The arbitrator’s ruling shall be binding and may be entered as a judgment in any court of competent jurisdiction. The provisions relating to arbitration pursuant to this paragraph 17 shall be interpreted broadly. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BRUBEL MUSIC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THAT ANY ARBITRATION SHALL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT YOU SHALL NOT BRING OR PARTICIPATE IN A CLASS ACTION PROCEEDING AGAINST BRUBEL. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association and the arbitration shall take place exclusively in Los Angeles County, State of California. In the event the provisions to arbitrate pursuant to this paragraph 17 shall be held unenforceable by a court of competent jurisdiction, then such controversies or disputes shat would otherwise be arbitrated shall be exclusively brought in the state or federal courts in Los Angeles County, State of California and the parties hereto submit to the jurisdiction of such courts. This agreement shall be construed according to the laws of the State of California applicable to contracts entered into and entirely performed therein.
You consent to receive communications from Brubel Music via email and agree that all terms and conditions, notices, disclosures, agreements and other communications Brubel Music provides to you via email is satisfactory with any legal requirement that such communications would satisfy if it were in physical hardcopy.
20. NOTICE AND CONTACT INFORMATION
Brubel Music / Shardice:
℅ Frith-Smith & Archibald, LLP
6355 Topanga Canyon Blvd., Ste. 400
Woodland Hills, CA 91367
Tel: (310) 344-7047