Terms & Conditions of Use
Definitions
“Seller” means the individual and natural person Xavier Pagès i Corella, creator and owner of the www.InfluxSheetMusic.com, whose address is Carrer d’Ausiàs March 65, 08810 Sant Pere de Ribes, Barcelona (Spain) and Tax Identification Code (NIF) 52420739J.
"Product" means any of the physical or digital products sold or hired in this Website.
“Service” means any of the services offered by the Seller in or through the Website.
"Terms and Conditions" means the content of this page and all related policies mentioned in it (Shipping and Returns Policy, Privacy Policy and Rental Policy), which sets the agreement between the Seller and the Customer about the general use of the Website and the sale and rental processes.
"Customer" means any physical or legal person who buys/rents or agrees to buy/rent any of the Products from the Seller or makes any use of this Website.
“You” and “your” refers to the Customer.
“We”, “us” and “our” refer to the Seller and any employee contracted by him.
"Website" means www.InfluxSheetMusic.com.
Agreement
Please read the following Terms and Conditions carefully before using this Website because they set a contract between you and the Seller about your use of the Website and Sale and Rental Processes. These Terms and Conditions shall supersede all other prior or concurrent oral or written letters, agreements, or understandings between you and us, related to your use of this Website and our Services (except written contracts signed by both parties, the Seller and the Customer). Your use of and access to this Website constitutes your acceptance of all the Terms and Conditions as they exist at that time. If you do not agree with any part of the following Terms and Conditions, please do not use this website.
You warrant and represent that you possess the ability and legal right to enter into this agreement and to use this Website in accordance with all our Terms and Conditions. You also guaranty that you are old enough to enter legally binding contracts through this Website and you know that you will be responsible for all payments due to us for purchases made through your account using your login information.
Right to Modify or Discontinue this Site
We reserve the right to modify, change, make corrections, add or remove any content and any of the information available on this Website (including, and not limiting to this Terms and Conditions), with or without prior notice, at any time. Any modification will be effective as soon as posted.
We also reserve the right to discontinue, temporarily or permanently, this Website or any part of it with or without previous notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
Privacy Policy
Please carefully review our Privacy Policy for a discussion of what personal information we collect, what we do with this information, and how we keep it safe.
Customer Postings
This Website may include features that allow Customers to post information on or through the Website. We are not responsible for screening or monitoring this information and do not represent nor warrantee their truthfulness, accuracy, or reliability, or endorse any opinions expressed by it.
By posting this information, you at all times agree to indemnify us for all claims brought by a third party against us as a result directly or indirectly related to the posted information. You also grant to Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and remove such information, alone or as part of other works in any form, media, or technology, for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
In specific, by using the Website, you represent and warrant that: you own or otherwise control the rights in respect of the information that you post on the Website; your postings do not breach any of these Terms and Conditions; at the date of posting, the posted information is true and accurate; you shall not intentionally or recklessly post information that could cause injury or offend any person or their business; and you shall not post any information that is illegal, untrue, malicious, defamatory, obscene, or abusive.
Registration
If you register your details on this Website you agree that we will create a personal Account for you. You agree that you are responsible for maintaining the confidentiality of your Customer Name and Password and for all activities that occur through your account using your Customer Name and Password. Your right to use this Website is not transferable. Your Account, Customer Name, Password or any right given to you to obtain information or documents is not transferable and may only be used by you.
Prices and VAT
All commercial transactions in this Website are made in Euros, which is the official currency in Spain and also in the European Union. This is also the only currency used in all invoices and documents from us.
All prices shown in this Website before checkout process exclude VAT. Following the Spanish law, we charge 4% of VAT on Printed Editions and 18% on Rental Editions, Digital Editions and Shipping Costs. This tax is only charged to countries of the European Union, so you only will be able to see it detailed once you have given your Billing Address (always before order confirmation).
We reserve the right to amend prices without notice. Products will be charged for at the price ruling at the date of dispatch, and in case of change, always after your approving.
Order Placement
When checking out please make sure that everything is correct before clicking the Confirm Button. You won’t be able to make changes after that. As soon as we receive your order we will email you an acknowledgement. We reserve the right to refuse any order for any reason and at any time. In that case we will make a full refund of the order, without any cost for you.
Once an order is accepted we will dispatch it normally within two business days (see "Dispatching Times" section of Shipping and Returns Policy page). As soon as the order is dispatched you will receive an email with a dispatch confirmation. Before receiving this email, you may cancel the order at any time without any cost for you.
Once you have placed your order and payment is confirmed, you'll be immediately able to download your purchased Digital Sheet Music Products(s). Download link(s) will be active during 7 days from payment confirmation and you may download each purchased item up to 5 times. We will do our best to help you about downloading your purchased Products, but we won’t be responsible for any problems related to your internet connection, web browser, computer configuration or other software used before, during or after a site browsing session or a file download operation.
Digital Sheet Music Products are offered as PDF files. We compress these files using the ZIP format to reduce download time. Most Operating Systems include ZIP support, but you always can use one of the free utilities available on the web to make the extraction. After that, you will need Adobe Acrobat Reader to view or print out the PDF files. This software can be downloaded free of charge from Adobe's site
The purchase of one item of any of our Digital Editions, entitle you to a single print of the downloaded PDF file, except for multi-instrument parts (for example orchestra string sections), which can be printed as many times as needed to allow performance. You can also keep the purchased PDF files in your computer and make backup copies of them, only for your personal use, and also use them in your own mobile devices, such as e-book readers.
Once an order is placed, if you need an invoice, please contact us and we will send it to you as soon as possible.
Please carefully read the “Copyright Licenses” section below, to know about the conditions that govern performance and distribution of our Products to your musicians.
Payment Methods
For security reasons, we don't collect nor store any bank or credit card data. Despite that, we accept credit card payments through Sprite and Paypal services, two of the best and securest payment services on the web, and a wide range of card types are accepted. All secure information is entered and processed through Sprite or PayPal's secure server, and they are responsible for processing that data. We are not responsible for any problem arising from payment processing made via them. Please visit their website for further information on Sprite and PayPal payments.
We also accept national and international bank transfers. In that case, bank commissions are at your expense. In case of selecting this Payment Method, our account number is given to you just before order confirmation in the checkout process.
Copyright
The entire contents of this Website are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are the Seller, its affiliates or other third party licensors. You agree that, apart from the exceptions stated above, you will not, nor will you allow others to, directly or indirectly distribute, create derivative works of, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use not explicitly allowed in this document, either directly or indirectly, our Products or Website contents in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the author rights of the Seller or its licensors.
Copyright Licenses
Any purchase of our Products, gives you a permanent license to use them for any private or public performance. You also are licensed to use our Products for rehearsal, teaching and study purposes. Please keep your purchase invoice in a safe place, because it will be the proof of your ownership and license. This license does not prevent you from paying the usual performing royalties for public performances, which are collected by the correspondent Performing Rights Society. To get any other kind of license, such as broadcasting or media recording, please contact us.
You have the right to distribute, though not to copy, any of our Products, in whole or in part, only to musicians of your own ensemble or orchestra for performance purposes. Before and after rehearsal or performance period, any Product should be kept together and under Customer’s control and supervision. Any other distribution apart from the just described is not allowed (please refer to the "Copyright" section).
Linking To Our Website
You may link to any page of the Website for non commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive or otherwise objectionable.
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website. Our Website must not be framed on any other website.
If you would like to link to our site for commercial purposes or any purpose not included above, please contact us.
Links to Other Web Sites
The Site may contain links to other Web sites. We don't control, monitor and we are neither responsible for the content, accuracy or opinions expressed in such Web sites. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Disclaimer of Warranty and Limitation of Liability
This Website, including, without limitation, materials, Services, all information, and contents is provided on an "as available", "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranty that this Web Site or the Services, content, functions or materials contained therein, will meet Customer requirements, be timely, secure, uninterrupted or error free, warranties of merchantability or fitness for a particular purpose, warranties of title or freedom from viruses or other harmful components that may infect your computer equipment or other property on account of your use of, access to, or browsing in this Website or your downloading of any materials, text, images, data, audio, or video from this Website.
In no event shall we be liable for any direct, indirect, incidental, punitive, consequential, special, or any other type of damages arising out of or in any way related to the performance or use of this Website, the provision of or failure to provide Services, or for any Services, information, related graphics, Products, and other materials obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, negligence, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages. In particular we shall not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
There is the possibility that your country, state or jurisdiction may not allow some of the preceding disclaimers, exclusions, and limitations. In that case, please refer to the section below entitled "Restriction on Use Based on Location".
Indemnification
You agree to defend, indemnify, and hold harmless the Seller and any of his employees from and against any and all claims, losses, damages, liabilities, and expenses, including but not limited to attorneys' fees and court costs, arising from or related to your use of this Website.
Errors and Inaccuracies
The information contained in this Website may contain typographical errors or inaccuracies. While we strive to keep the information current and accurate, we are not liable or responsible for any errors, inaccuracies or omissions, or for any loss or damage caused by the reliance of any information and content available on this Website. Any reliance you place on such information is therefore strictly at your own risk.
Termination
The Seller may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of termination, you are no longer authorised to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material purchased, rented or downloaded from us, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
Accessing the Website in Countries Other Than Spain
We make no claims regarding the legality of viewing or downloading the content of this Website in any country other than Spain. Anyone who accesses this website in a country other than Spain does so at his or her own risk.
Restriction on Use Based on Age and Location
Use of this website is unauthorised to any person under the age of 18 without a permission of his parents or tutors, and/or to any person under any jurisdiction that does not give effect to all provisions of these Terms and Conditions.
Governing Law and Dispute Resolution
This site is created, controlled and legally represented by the Seller. All actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any samples or Products obtained by you through such use, shall be litigated in the circuit court of Barcelona, Spain. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and you are waiving any claim that Barcelona, Spain, is an inconvenient forum or an improper forum based on lack of venue. The laws of Spain will govern the terms and conditions contained in this agreement and elsewhere throughout the Website, without giving effect to any principles of conflicts of laws.
Language of the Website
Catalan is the official language in this Website. We have made an effort to provide the best possible English and Spanish translations of all texts. By this Terms and Conditions you agree that these translations are provided for your convenience only and that the Catalan language version of this Terms & Conditions will always govern your relationship with the Seller and any legal dispute that could emerge from your use of the Website. If there is any contradiction between what the Catalan language version of any content of this Website says (including these Terms and Conditions, Privacy Policy and Shipping and Returns Policy), and what its corresponding translation says, then the Catalan language version shall always take precedence in front of law.
Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms and Conditions will remain unaffected.
Headings
The headings in these Terms and Conditions are included solely for convenience and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions of Use and any other policies and/or guidelines referred to herein (including, and not limiting to, Privacy Policy and Shipping and Returns Policy) constitute the entire agreement between you and the Seller regarding this Website, and supersede all other prior or concurrent oral or written letters, agreements, or understandings related to them.
The content of this page was last updated in February 2017.