The provision below apply to all sheet music (“Sheet Music”) you purchase through the http://www.wyntonmarsalis.org website (the “Site”).
- Sheet Music is provided in PDF format, via direct download only and is subject to payment of applicable fees and your compliance with these terms.
- The Sheet Music is protected under copyright and other laws of the United States and other jurisdictions. You may make one (1) back-up copy of the PDF of the Sheet Music, and may print the Sheet Music for your personal enjoyment only. You may not copy the Sheet Music except as specifically provided above, and may not distribute, publish or publicly display the Sheet Music or modify or create any derivative of the Sheet Music. Personal use includes personal performance, study and teaching only.
- All payments are processed through PAYPAL. You agree that the Site and its owners, operators, employees and agents have no liability whatsoever with respect to any problem or damage you may incur in relation to payment processing.
- THE SITE AND ITS OWNERS, OPERATORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR THE SHEET MUSIC OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE SHEET MUSIC OR OTHER MATERIALS PROVIDED ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT.
- Upon request, you agree to defend, indemnify and hold harmless the Site, its owners, operators, employees and agents from and against any loss, damage, or expense of any kind (including attorneys’ fees and costs) resulting from your violation of any of these terms.
- These terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflict of laws principles. You agree that any dispute with respect to these terms, the Site and/or the Sheet Music shall be submitted to and exclusively resolved by binding arbitration before a single arbitrator acceptable to both parties. Such arbitration proceedings shall be conducted under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, and shall take place in New York, New York, U.S.A. Any arbitration proceeding, testimony, discovery and documents filed in the course thereof, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator and his/her staff, the parties’ attorneys and their staff and any experts retained by the parties. The arbitrator shall have authority to award any remedy or relief that a court of the State of New York could grant in conformity to applicable law, except that the arbitrator shall have no authority to award any damages excluded under these terms. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy, and a description of the award. The arbitrator’s award shall be final and judgment may be entered upon such award by any court.