Terms of Service
General
Welcome to the European American Music Distributors Company (“EAMDC”) website (the “Site”), having a principal address of www.eamdc.com. These Terms of Service shall govern and apply to your use of the Site, and by using the Site, you signify your agreement to all of these Terms of Service.
If you do not agree to these Terms of Service, please do not use this Site.
EAMDC reserves the right to change, modify, replace, update and/or revise these Terms of Service without giving advance notice to you. Such changes will be immediately reflected in the most current version of the Terms of Service, located at www.eamdc.com. You shall review these Terms of Service periodically to be aware of such changes and/or revisions, and by continuing to use the Site following such changes, you will be deemed to have accepted and agreed to such changes. EAMDC will use reasonable efforts to provide notice of any changes to these Terms of Service on the Site. However, such changes shall be effective upon being incorporated in the Terms of Service displayed on the Site whether or not EAMDC gives notice of such changes.
Registered User
Each user of the Site is invited to register with the Site by creating a user name and password that can be used to log in as a registered user of the Site (a “Registered User”). Each Registered User is entirely responsible for maintaining the confidentiality of his/her password.
If you wish to cancel a Registered User name and/or password, or if you have any reason to believe the integrity of your confidential Registered User or Posting User name and/or password has been compromised, please notify EAMDC immediately at info@eamdc.com.
All information provided by the Registered User during the Site registration process, as well as all e-mail and message content provided by such Registered User, shall be collectively referred to herein as “Registered User Information.” While it is EAMDC’s policy to respect the privacy of its Registered Users, you grant EAMDC the right to disclose the Registered User Information to third parties solely for the purposes of (i) statistical analysis based on aggregate use numbers, (ii) administering and maintaining the services offered on the Site, (iii) conforming to legal requirements or complying with legal process, (iv) acting to protect and defend the rights of EAMDC, and/or (v) acting to protect the interests of Registered Users or others.
Digital Perusal Scores and Site Content
The musical scores provided for perusal on the Site (the “Perusal Scores”) are protected by copyright and EAMDC retains all rights, including copyright, in the Perusal Scores. In addition to the Perusal Scores, the Site contains and provides access to copyrighted materials that are owned by EAMDC or third parties (the “Site Content”). You may not modify, transmit, reproduce, distribute, display or otherwise make available in any form or by any means any part of the Site Content, including without limitation the Perusal Scores, without the express written permission of EAMDC. You agree to use the Perusal Scores only in ways that comply with these Terms of Service and all applicable laws. A Registered User’s access to the Perusal Scores can be restricted by EAMDC at any time, with or without cause.
General Disclaimer of Warranties and Limitation of Liability
This Site and all Materials contained on it are distributed and transmitted on an “as is” and “as available” basis. Your use of the Site and all Materials on it is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that may result from your use of the Site or any Materials thereon. EAMDC expressly disclaims all warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement, and you agree that your sole remedy is to cease using the Site.
EAMDC does not represent or warrant that: (i) the Site will be uninterrupted or error-free, (ii) defects, if any, will be corrected, (iii) the Site is free of viruses or other harmful components, or (iv) any Material or other information, products or services will be accurate, reliable, or of a quality or performance that will meet your expectations. No advice or information, whether oral or written, obtained by you from EAMDC (or its directors, employees, agents, or affiliates) shall create any warranty.
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- 3. Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locMaterial. Providing URLs in the body of an email is the best way to help us locate content quickly.
- 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 5. A statement that the complaining party has a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.