Terms and Conditions
Updated: June 5, 2016
The website located at www.brightstaves.com (the "Site") is a copyrighted work belonging to BrightStaves™ ("Company", "us", "our", and "we"). Through the Site, Company provides certain services, including its online service that enables users to purchase certain sheet music (such services collectively, the "Services"), and one or more proprietary software applications for viewing of such sheet music (each, an "Application").
THESE TERMS AND CONDITIONS (THE "AGREEMENT") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE, SERVICES, SHEET MUSIC, LICENSES AND OTHER MATERIALS PROVIDED THROUGH THE SITE. BY ACCESSING OR USING THE SITE, SERVICES, SHEET MUSIC, LICENSES OR OTHER MATERIAL PROVIDED THROUGH THE SITE, (1) YOU REPRESENT THAT “YOU” ARE THE INDIVIDUAL THAT REGISTERS FOR AN ACCOUNT ON THE SITE, (2) YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO CREATE BINDING LEGAL OBLIGATIONS, AND (3) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS, DO NOT ACCESS OR USE THE SITE OR SERVICES OR USE ANY SHEET MUSIC, APPLICATION, OR OTHER MATERIAL PROVIDED THROUGH THE SITE.
1. ACCOUNT. In order to use certain features
of the Site, you must register for an account on the Site ("Account")
and provide certain information about yourself as prompted by the Site
registration form. You represent and warrant that: (a) all required
registration information you submit is truthful and accurate and (b) you will
maintain the accuracy of such information. You may delete your Account at any
time, for any reason, by contacting us. You are responsible for
maintaining the confidentiality of your Account login information and are
responsible for all activities that occur under your Account. You agree
to immediately notify Company of any unauthorized use or suspected unauthorized
use of your Account or any other breach of security. Company will not be
liable for any loss or damage arising from your failure to comply with the
2. ORDERS AND PAYMENT. You may place
an order to purchase any material offered for sale on the Site subject to the
terms of this Agreement. YOU HEREBY AUTHORIZE COMPANY TO BILL YOUR CREDIT
CARD OR PAYMENT ACCOUNT THE FEES LISTED ON THE SITE FOR THE ITEM OR MATERIAL
ORDERED BY YOU. Fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, and you are responsible for payment of all such
taxes, levies or duties.
3. PROPRIETARY RIGHTS
We may reject, refuse to post or delete any Content for any or no reason, including Content that in our sole judgment violates these Terms and Conditions or that may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. We undertake no monitoring of offers made on Personal Pages. If at any time we choose, in our sole discretion, to monitor services on Personal Pages, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Customer submitting any such Content.
License on Content posted granted to us.
By posting any Content, you hereby grant to us and our affiliated companies a limited license to publicly display and distribute such Content or parts of it in any form and any media for advertising purposes, and to a preview function for other Customers. The license you grant to us and our affiliated companies is irrevocable, non-exclusive, royalty-free, sublicensable and worldwide.
The following are examples of the kind of Content that is illegal or prohibited to post on or through BrightStaves’s services. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates this provision. Offending Content may be removed by us from our services and violators may be denied access to its website. Prohibited is particularly:
Copies of Works protected by copyright law, unless the Customer owns the rights necessary;
Content, that promotes defamation, discrimination, racism, intolerance on religion, hatred or physical or mental harm of any kind against any group or individual;
harasses or advocates harassment of another person or group;
links to websites with content that is not appropriate for minors, especially pornographic sites or gambling services;
commercial activities and/or sales without prior written consent from us, especially advertising;
Content that violates the privacy rights, publicity rights, copyrights, trademark rights or contractual rights of other persons, or that is otherwise unlawful.
4. Customer’s Representations and Warranties, Release from Third Party Claims
It is your sole responsibility to examine whether you hold all necessary rights to upload the Content you want to upload. You agree to comply with all applicable laws, especially copyright laws, and the rules for Content mentioned above, (section 3). If you yourself are not the owner of the rights on the uploaded Content, you warrant that you have obtained all necessary rights, licenses, consent and suchlike by the respective rights’ holders.
You agree to indemnify, defend and hold BrightStavces, its subsidiaries, affiliates, officers, agents and employees harmless from any and all damages and costs, including, but not limited to, legal and attorneys' fees, claims of copyright infringement and claims for compensation by collecting societies.
You agree to immediately, accurately and completely provide us with all information that may be useful or necessary for the inquiry of and defence against claims by third parties.
5. Licenses, Prices, Commission, Taxes
For the registration we charge no fees.
5.1 Setting Prices for Titles
As the Publisher you can choose to set a Price or offer a free download as well. The minimum Price is $1.30 USD.
5.2 Setting license Price
Independently from any Price for Title as the Publisher you can choose to grant a license for public performances, either royalty-free or against a license fee. The payment for Licenses can be set as one flat payment per year. The minimum License Fee is $5.00 USD.
5.3 Collecting Title and License Fees
If a Customer has decided to buy a title or license against a fee and accepted an offer made by you as the Publisher, you authorize us to collect the fees on your behalf. You agree that any amount you earn via the BrightStaves™ website, fees deducted, will be credited to your Account.
5.4 BrightStaves™ Commission
We charge a commission of 45% from any fee we collect for you. The commission is due as soon as the fee is paid by the Customer. We will notify you via your information/news page about any payment.
5.5 Chargebacks or other invalidations
Payments you receive in your Account may be reversed at a later time under certain circumstances. This is especially the case if such a payment is subject to a credit card Chargeback or any other form of invalidation of the financial resource, by which the respective payment was covered or if the payment was not initiated and authorised.
As a Publisher it is your sole responsibility to pay any taxes that might be due on your profit, such as value added tax or income tax.
6. Withdrawal of Money
For a withdrawal, you may choose between a payoff to your PayPal-account, to any other bank account or a physical check through the mail. Generally, we send checks only to verified addresses and will not send checks to P.O.-boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact us and provide the documentation that we request.
6.2 Requested withdrawal
The minimum amount to be requested for withdrawal is $100.00 USD plus payout fees charged by BrightStaves™ (see below), if applicable.
6.3 Payoff Fees
In the case of a payoff to a PayPal-account we charge no fees (although you might be charged fees by PayPal). In the case of a payoff to a banking account other than PayPal, we will charge a handling fee of $15.00 USD for each payment. Banking fees, especially for international transactions, are with the account holder. In the case of a payoff via check, we will charge you a handling fee of $25.00 for each payment. If you fail to cash a check during its validity, we will return the funds to your balance, minus an additional fee of $30.00 USD.
6.4 Limits and delays
We may delay withdrawals due to anti-money laundering compliance and other legal obligations, while we screen for risk or for Chargeback protection.