Terms of Service
Tunescribers LLC (“Tunescribers”, “we”, “us”) owns and operate this website (the “Website”). This document governs your relationship with us. Access to and use of the Website and the products and services available through the Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.
Intellectual Property, Software and Content
If we transcribe music for you and you do NOT already own the copyright for that music, you agree that:
- we are providing these transcription services as a work for hire for you, and the work product of those services is for your private, non-commercial use only. We do not provide a license for this music. You are forbidden to resell, publish, distribute, perform, broadcast, or otherwise use this music in violation of U.S. or international copyright law.
- we have the right to offer the transcribed music for sale to others through the Songs for Sale portion of our website, with no compensation to you. In the case of resale, royalties if any that must be paid to the copyright holder of the music are our responsibility, not yours.
If we transcribe music for you and you DO own the copyright for that music, you agree that:
- you have the right to either (a) instruct us not to offer the transcribed music for sale to others through the Songs for Sale portion of our website, or (b) allow us to resell the transcribed music with suitable royalty payments paid to you.
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remains the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
You must not misuse the Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale
By placing an order on the Website you are offering to purchase a product on and subject to the following terms and conditions.
All orders are subject to availability and confirmation of the order price.
Delivery times may vary according to availability and subject to any delays resulting from postal delays, internet disruptions, or force majeure for which we will not be responsible.
In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you via information provided on the Website. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or other payment method used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are in U.S. dollars and are subject to such changes.
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Although we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card or account to ensure there are sufficient funds to fulfill the transaction. Your card or PayPal account will be debited upon authorization being received. The monies received upon the debiting of your card or PayPal account shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been sent to you and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Because our products are delivered digitally and cannot be physically returned to us, we do not offer refunds or returns for purchases made by you through the Songs for Sale portion of our website. If you wish to cancel an order placed for custom work (for example, transcription orders), we have the sole right to determine whether to give you a full refund, a partial refund, or no refund at all, based on our determination of how much work on the project has already been performed. Refunds, if any, will be processed promptly and you will receive such refunds within one week of our determination.
We accept major credit cards (Master Card, Visa and Discover) and PayPal. You can also mail us payment via check drawn on a US bank and made out to “Tunescribers LLC”.
Disclaimer of Liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page without our permission. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks and/or names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
You agree to indemnify, defend and hold harmless Tunescribers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of the Terms of Service.
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page or portion of the Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Questions about orders and other customer support: firstname.lastname@example.org.
Business and financial questions: email@example.com.
Telephone calls: see number and office hours on home page footer.
Mailing address: Tunescribers LLC, 310 Fifth Street Extension, Verona PA 15147 USA
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the CEO of our company.