Terms of Service

Carl Fischer, LLC offers you this website and all the features and functions therein (collectively, the “Website”).  These Terms and Conditions (the “Terms”) apply to your use of the Website.  In these Terms, “we”, “our” and “us” or the “Company” refer to Carl Fischer, LLC, it subsidiaries and affiliates, and “user,” “you” and “your” mean users of the Website.  The Company grants you the right to use the Website and subject to these Terms set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.  YOU MAY NOT USE THE WEBSITE FOR ANY COMMERCIAL PURPOSE OR IN ANY WAY NOT EXPRESSLY PERMITTED BY THESE TERMS.

ELIGIBILITY

You must be at least 18 years of age (or at least the age of majority in your jurisdiction or country, if different) in order to use the Website (the “Minimum Age”). If you are under the age of 18, then you may only use the Website with your parent or legal guardian’s permission. If you are a parent or guardian permitting a minor under the Minimum Age (a “minor”) to use the Website, you agree to: (i) supervise the minor’s use of the Website; (ii) assume all risks associated with the minor’s use of the same, including the transmission of content to and from third parties via the Internet; (iii) and assume any liability resulting from the minor’s use of the Website; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Website.

LICENSE

Subject to these Terms, the Company grants to you and you accept, a limited, personal, nonexclusive, nontransferable, revocable, royalty-free license to use the Website and view the information, content, and materials contained on the Website (the “Materials”) and make such copies of the Materials only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Company’s server. Your access to the Website is licensed and not sold. All reference to the Website includes all related graphics, user interfaces, scripts and software used to implement and provide access to the Website and any updates, upgrades, enhancements, modifications, revisions or additions to the Website made available to end users by the Company.  However, the Company is under no obligation to provide any such updates, upgrades, enhancements, modifications, revisions or additions to the Website.   

INTELLECTUAL PROPERTY

We or our licensors are the sole owners of any trademarks, logos, domain names, page headers, custom graphics, button icons, scripts and other distinctive brand features on the Website. You agree that all, right, title and interest in the Website will remain ours. You are not granted any right to reproduce, copy, imitate, distribute, sell, broadcast, license, use or otherwise exploit the Company’s trademarks, domain names, logos, trade dress (including without limitation the layout of the Website) or other marks or distinctive features of the Website in whole or in part, and all such items shall remain the exclusive property of the Company and/or our licensors. 

MODIFICATION, SUSPENSION OR DISCONTINUATION

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice or to suspend, remove or disable access to the Website. You agree that the Company will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Website and for any claims, costs or damages arising therefrom. We may, but have no obligation to, monitor your use of the Website and your account. In the event that we determine in our sole discretion that any such use violates these Terms, including our related Privacy Policy, we reserve the right to block your use of the Website and become involved in disputes between you and other third parties in connection with any such violation and these Terms.

THIRD PARTY MATERIALS

The Website includes software or other materials developed by third parties.

THIRD PARTY SITES

Use of the Website may include or link to websites provided by a third party service provider (“Third Party Sites”). Your use of Third Party Sites shall be solely between you and the third party and subject to the applicable terms and conditions from such third party.  We hereby disclaim all responsibility and liability for your use of Third Party Sites, including but not limited to the reliability or the performance of such Third Party Sites. 

WEBSITE USE RULES AND RESTRICTIONS

Our Website may only be used for lawful purposes. The Company specifically prohibits any use of our Website, and all users agree not to use our Website, for any of the following: 

Submitting any incomplete, false or inaccurate information or information which is not your own accurate information (e.g. impersonating or pretending to be anyone else but you, including, without limitation, by creating false accounts of any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity or using someone else’s identification without their consent);

Deleting or revising any material posted by us or any other person or entity;

If you have a password allowing access to a non-public area of our Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;

Harming minors in any way;

Transmitting by any means any software, virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Website or attempting to access, alter or decompile the Website or an underlying program, code or software of the Website, or using any robot, spider, script or any manual or automated application or means to extract, download, index, create multiple accounts, mine, scrape, reproduce or circumvent the presentation, operation, or intended use of any feature, function or part of the Website; 

Aggregating, copying, framing, downloading, distributing, transmitting, uploading, transferring content from the Website or the personal information of others from the Website or duplicating in any manner any of the materials or information available from our Website; or

Violating or infringing upon the privacy, publicity, intellectual property or other proprietary rights of us or any third parties.

REGISTRATION AND PASSWORDS

When or if you register an account with us, you may be required to provide some of your personal information.  By using the Website and providing us with your personal information, you also accept our Privacy Policy, which is hereby incorporated by this reference and other policies that we may, from time to time, adopt. You are responsible for the activity that occurs on your account, including but not limited to, maintaining the confidentiality of your password and user name and activities that occur under such password and user name. We reserve the right to cancel your account at any time for any reason without prior notice to you. You acknowledge and agree that if your account is cancelled (in our sole discretion) your account data may no longer be accessible to you. Without limiting the Privacy Policy or these Terms, you agree that we may store and use your registration information that you provide for use in maintaining your account.

ACCURACY OF CONTENT AND PRICING INFORMATION

Because prices, product descriptions and availability can change quickly, the Company does not warrant the accuracy or completeness of the information provided on the Website. Also, the Company may make changes to the information contained on the Website, including to the products and prices described, at any time, without prior notice to you (including after you have submitted your order). Information at the Website is periodically updated, but may not be current or complete at the moment you visit the Website and may contain errors or inaccuracies. In no event shall the Company, its parent company and affiliates, or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at the Website. 

Items in your shopping cart or “basket” will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, certain of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, territorial currencies, pricing and availability. 

LIMITED QUANTITIES

Some products may be limited to stock on hand and are offered on a first come, first served basis.

INDEMNIFICATION

You will indemnify, release and hold harmless us, our parent, subsidiaries and affiliates and all agents and employees thereof and any party ac ting on our behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) your use of the Website or any product you may receive or purchase from the Website; (ii) any breach of these Terms by you; or (iii) any violation of any laws, regulations or the rights of any third party by you in connection with your use of the Website.

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TOTALSHEETMUSIC AND ITS PARENT COMPANY AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE WILL (i) OPERATE IN ANY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, (iii) WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE WEBSITE WILL BE SATISFACTORY TO YOU OR THAT ERRORS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

LIMITATION OF LIABILITY

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL TOTALSHEETMUSIC AND ITS PARENT COMPANY OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TOTALSHEETMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY (WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY SUCH DAMAGES OR LOST PROFITS FROM US AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH A CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE OR FOR ANY USER CONTENT OR COMMUNICATIONS ON THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.  IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. UNLESS AS OTHERWISE INDICATED IN THESE TERMS, WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU. 

COPYRIGHT

The Website and the Materials are copyrighted works of the Company and/or its suppliers or licensors. For the avoidance of doubt and as stated above, neither the Website nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of the Company.

TERMS OF USE FOR DIGITAL SHEET MUSIC

Terms: All Digital Sheet Music purchases entitle you to a single print right per quantity purchased except where otherwise specified.
 Usage: You may use any printed sheet music for performances, personal use, or entertainment. You may not copy or distribute any digital sheet music content without prior consent.

AMENDMENT TO TERMS 

The Company may at any time revise these Terms. If we change these Terms, we will update the Effective Date listed above. By using or accessing this Website after such modification, you will be deemed to have read, understood and unconditionally agreed to be bound by any such revisions. If you do not agree to the updated Terms, you may not use the Website. You should periodically visit this page of the Website to examine the then-current Terms by which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

NOTICE

If you have any questions about these Terms or our Privacy Policy, you may contact The Company at: 

Carl Fischer LLC
Attn: Business Affairs
48 Wall Street, 28th Floor
New York, NY 10005

Copyright © 2021 Carl Fischer, LLC. All rights reserved.