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Terms & Conditions

1. OBJECT

From MSMT BARCELONA MUSIC S.L., (hereinafter referred to as “MSMT“, “we“, “our“, “ours“, “us“), we aim to provide the user (hereinafter referred to as the “User“, “you“, “yours“), with safe experience and service on our website https://www.mysheetmusictranscriptions.com (hereinafter referred to as the “MSMT WEB“).

In order to ensure an optimal and secure experience for our users, we have established the following ‘Terms and Conditions.’ These conditions govern access to and use of MSMT, encompassing both the content and services available to users on the MSMT WEB. It is important for all users to become familiar with these regulations to ensure proper and responsible use of the MSMT WEB. However, access to and use of certain content and/or services may be subject to specific conditions.

For any situation or aspect not explicitly covered in these Terms and Conditions, Legal Notice, or Privacy Policy, the decision and management will be exclusively up to MSMT. This provision shall apply without prejudice to current laws and regulations.

Furthermore, MSMT reserves the right to make changes or updates to these Terms and Conditions. In the event of substantial modifications, the User will be notified in advance so they can accept or reject them. However, if the User continues to use MSMT after these changes, it will be understood that they have expressly accepted them.

Consequently, accessing and using MSMT implies that the User expressly accepts these Terms and Conditions without reservation, having the same validity and effectiveness as any contract executed in writing and signed. Therefore, if the User does not agree with these, we suggest refraining from using the application and/or MSMT WEB.

2. IDENTIFICATION

  • Owner: MSMT BARCELONA MUSIC, S.L. 
  • Registered Office: Passeig de les Lletres 13, 4t 3ª; 08221, Terrassa, Barcelona (Spain).
  • VAT Number (CIF): B67363986
  • Registration Details: Registered in the Registro Mercantil de Barcelona, tomo 46734, folio 28, hoja 547901, Inscripción 1ª.
  • E-mail: legal@mysheetmusictranscriptions.com 
 

3.WHAT IS MSMT? WHAT SERVICES DOES IT OFFER?

3.1 What is MSMT?

MSMT is a company specialized in music transcription services. We provide arranging, copying, and music transcription services to obtain sheet music in all standard digital formats in the industry.

3.2 Features of MSMT WEB

Through software such as Sibelius, Finale, Musescore, and the usual notation programs in the industry, and always through transcriptions made by musicians in a handmade manner, MSMT offers 100% idiomatic transcriptions and adaptations to the requested instrument or instrumental ensemble. In this sense, through MSMT WEB, access is available to the following services, among others:

  • Piano Transcriptions
  • Voice and Piano Transcriptions
  • Jazz Transcriptions
  • Band Transcriptions
  • Guitar Tablature (includes fingering)
  • Bass Tablature (includes fingering)
  • Orchestrations
  • Arrangements

The different transcriptions offered by MSMT WEB are completely personalized, tailored to the user’s needs, and meticulously crafted note by note by professional transcribers. Throughout the transcription process, the user is kept informed of the status of their request.

For the purposes of these Terms and Conditions, all transcriptions, arrangements, orchestrations, and any other commissions produced by MSMT will be referred to as ‘Deliverables.’

Thanks to its team of professional musicians, performers, editors, and musicologists with extensive experience in the industry, MSMT WEB guarantees to provide Deliverables of the highest quality and the best customer service.

4. USER REGISTRATION AND DEACTIVATION

When registering on MSMT WEB, users must meet certain criteria and follow a registration process to ensure a safe and authentic experience for all. This process may include verifying the User’s identity by providing basic personal information such as name, email address, and possibly a phone number, along with any legally required tax information when necessary. Additionally, acceptance of the MSMT WEB Terms and Conditions, Legal Notice, and Privacy Policy will be required, detailing how personal data will be handled and the User’s responsibilities while using MSMT WEB.

Regarding account deactivation or cancellation, users have the right to unsubscribe from MSMT WEB at any time. This process is usually simple and straightforward, allowing the User to delete their account through the settings of MSMT WEB or by contacting customer support. When unsubscribing, the User should be aware that all data and content associated with their account may be permanently deleted. This includes the Deliverables created or stored on MSMT WEB.

It is important for the User to understand that there may be specific conditions or restrictions, such as a waiting period before the account deletion becomes effective. Additionally, some data may need to be retained by MSMT WEB for legal or security reasons, even after the account deletion.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY 

5.1 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS OVER MSMT WEB 

MSMT is the owner or, where applicable, holds the corresponding licenses, of the intellectual property, industrial property, image rights, or any other similar rights over MSMT WEB, as well as all the content offered therein, including, but not limited to, source and programming code, designs, navigation structure, photographs, illustrations, logos, trademarks, graphics, interfaces, or any other information or content included therein. 

It is strictly prohibited to modify, copy, distribute, frame, reproduce, republish, download, extract, display, publish, transfer, or sell, either wholly or partially, any content of MSMT WEB without the prior written authorization of MSMT. The User has only a non-exclusive right to use, strictly for domestic purposes, to browse and enjoy the services of MSMT WEB in accordance with these Terms and Conditions and the Legal Notice

MSMT reserves the right to take legal action as appropriate if the User makes unauthorized use of the information included in MSMT WEB, as well as any damage to MSMT‘s intellectual property rights.

5.2. INTELLECTUAL PROPERTY RIGHTS OVER THE DELIVERABLES

The User declares and warrants that they are the owner and/or have obtained the relevant authorizations from the holders of the intellectual property rights of the works subject to transcription, or that they are in the public domain, so that the use of such works and the resulting Deliverables by MSMT does not constitute or will not constitute any violation of intellectual property rights, and/or other rights of a similar nature belonging to any third party. This includes compliance with the specific terms and conditions of use authorized by the copyright holders or the license agreements entered into by the User with third parties.

In this regard, the User undertakes to comply with all relevant legal obligations regarding such works, including, but not limited to, if necessary, satisfying copyright settlements with the corresponding rights management associations. The User shall directly respond, holding MSMT fully harmless, to any judicial or extrajudicial claims by third parties regarding ownership and use of intellectual and industrial property rights, and/or other similar rights over the requested works.

Likewise, the User acknowledges that MSMT holds all intellectual property rights, including, but not limited to, reproduction, transformation, public communication, provision, and distribution rights, worldwide and for the entire legal duration, over the Deliverables made at the User‘s request. Therefore, the User, unless expressly and in writing authorized by MSMT, agrees not to use the Deliverables made by MSMT for commercial purposes, expressly prohibiting reproduction, distribution, public communication, provision, and transformation of the same for profit.

The provisions of the preceding paragraph shall not apply in cases where the User is the owner of the works subject to transcription. In this regard, MSMT authorizes the User and grants a license in their favour, of the reproduction, transformation, public communication, provision, and distribution rights, over the Deliverables made at their request, for the purposes they deem appropriate, with MSMT being able to retain, assign, or license the Deliverables to third parties, or use them for its own use or exploitation for profit without the need to inform the User or obtain their consent.

6. CUSTOMER SERVICE

The User has at their disposal the customer service provided by MSMT, which will address inquiries, complaints, and suggestions raised. You can access the customer service at info@mysheetmusictranscriptions.com and send any legal-related inquiries or complaints at legal@mysheetmusictranscriptions.com.

We will respond to complaints or inquiries as soon as possible and, in any case, within a maximum period of one (1) month.

7. CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR“) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (“LOPDGDD“) and Law 34/2002, of July 11, on information society services and electronic commerce (“LSSICE“), all personal data provided during the use and access to MSMT WEB will be processed in accordance with the provisions of our Privacy Policy that you must read and, if applicable, accept.

8. LINKING POLICY

MSMT does not authorize the publication of any link redirecting to MSMT WEB on other websites that contain materials, information, or content that are unlawful, illegal, degrading, obscene, or generally contrary to law, morality, public order, or generally accepted social norms.

MSMT does not have the authority or the technical or human means to know, control, or approve all the information, content, products, or services provided by other websites that have published links redirecting to MSMT WEB. Consequently, MSMT will not assume any responsibility for any aspect related to websites that publish such a web link.

In any case, MSMT reserves the right to prohibit links redirecting to MSMT WEB and request their removal when they do not comply with the conditions stipulated in this section. However, please note that MSMT WEB is privately accessible, so unregistered external users will not be able to access it even if they have the web address or similar, unless they access it by technical error or unauthorized means.

9. RESPONSIBILITIES OF MSMT

MSMT undertakes to ensure that the content, data, or information regarding the services offered through MSMT WEB are reliable, truthful, and accurate. However, MSMT will not be responsible for information that has been introduced, displayed, or modified by users or third parties unrelated to MSMT. Therefore, MSMT excludes any liability for damages that may result from information and/or services provided or supplied by other users or third parties.

Likewise, MSMT declares that it has taken all necessary measures, within its capabilities and state of the art, to ensure the operation of MSMT WEB and to minimize system errors, both from a technical perspective and in the content published on MSMT WEB.

However, MSMT will not be liable in the event of unavailability of MSMT WEB or the inability to use the services when this is due to circumstances beyond MSMT’s control, force majeure, or technical error in the processes of MSMT WEB.

MSMT will make every commercial and technical effort within its reach to keep the services offered through MSMT WEB available, which constitutes an obligation that, however, will not apply to any lack of availability or performance caused by:

  1. Temporary inactivity of MSMT WEB due to updates and/or technical maintenance, which will be notified in advance by publication on the MSMT WEB itself within a maximum period of 48 hours, provided that these circumstances are known or communicated to MSMT with a lead time exceeding the specified timeframe;
  2. Causes beyond MSMT‘s control, such as force majeure, internet access issues, technological problems beyond MSMT‘s diligent and reasonable management, actions or omissions of third parties, etc.

In all the aforementioned cases, beyond MSMT’s control and due diligence, MSMT shall not be liable to the User for damages or similar indemnification.

10. SUSPENSION OF MSMT WEB

MSMT may suspend, modify, restrict, or interrupt access to MSMT WEB at any time, with or without prior notice to those who violate these Terms and Conditions, without the possibility of demanding compensation.

11. RULES OF USE

Accessing or using MSMT WEB for illegal or unauthorized purposes, with or without economic intent, is not permitted, and you will be solely responsible. In particular, and without the following list being absolute or exhaustive, the following is prohibited:

  1. Minors may not use the services available through MSMT WEB without the prior authorization of their parents, guardians, or legal representatives, who will be solely responsible for all actions carried out through MSMT WEB by the minors under their care.
  2. Use MSMT WEB in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in a third party’s device;
  3. Use MSMT WEB for the transmission, installation, or publication of any virus, Trojan, worm, logic bomb, malicious code, or other harmful programs or files;
  4. Use MSMT WEB to transmit material for advertising or promotional purposes, including spam, chain emails, or similar;
  5. Use MSMT WEB in a manner that constitutes a violation of the rights of MSMT or any third party;
  6. Use MSMT WEB to transmit or publish any material that is defamatory, offensive, racist, derogatory, threatening, or that may cause annoyance to any other user;
  7. Use MSMT WEB to collect personal data from other users;
  8. Use MSMT WEB illegally, against good faith, morality, and/or public order;
  9. Access or register through MSMT WEB with a false identity, impersonating third parties, using a profile, or taking any other action that may confuse other users and MSMT;
  10. Access without authorization any section of MSMT WEB, other systems or networks connected to it, any MSMT server, or the services offered through MSMT WEB, by hacking or forgery, password extraction, or any other illegitimate means;
  11. Break, or attempt to break, the security or authentication measures of MSMT WEB or any network connected to it, or the security or protection measures inherent in the content offered on MSMT WEB;
  12. Take any action that causes disproportionate or unnecessary saturation of the infrastructure of MSMT WEB or of MSMT‘s systems or networks, as well as of the systems and networks connected to MSMT WEB;
  13. Prevent the normal development of the functionalities of MSMT WEB, either by altering or attempting to alter, illegally or in any other way, the access, participation, or operation of such functionalities, or by falsifying their outcome and/or using methods of any practice that violates or undermines these Terms and Conditions.
  14. Assign, transfer, or sublicense your access rights to MSMT WEB.

Failure to comply with any of the above obligations on your part may result in MSMT taking appropriate measures under the law and in the exercise of its rights or obligations, including the deletion or blocking of the infringing user’s account, without the possibility of any compensation for damages. Likewise, the rules of use and others contained in the Legal Notice shall apply, with these Terms and Conditions prevailing in case of contradiction.

12. USER RESPONSIBILITIES AND LIMITATION OF THEIR RIGHTS

The User must respect the Terms and Conditions at all times. By accepting these, they expressly state that they will use MSMT WEB diligently and assume any responsibility that may arise from non-compliance with the rules established here and with the legal framework in general. Both the services offered and the information contained on MSMT WEB may not be used for commercial or advertising purposes without the prior authorization of MSMT.

Additionally, the User will be responsible for any communication, use, personal or non-personal data, opinions, and others provided to MSMT. This responsibility encompasses the accuracy, legality, originality, and ownership of such communication or action, and the User must indemnify MSMT accordingly. If the User becomes aware of the existence of any illicit, illegal, contrary to laws, or potentially infringing content on third-party rights, they must immediately notify MSMT so that appropriate measures can be taken.

In the event that the User engages in any action that may be considered illegal, contrary to laws, or that may infringe or violate the rights of third parties, they do so at their own risk, holding MSMT harmless for their actions.

In any case, it is hereby informed that, as a User, and in relation to all information, music, videos, images, data, and any type of audiovisual or similar material uploaded and registered on MSMT WEB (hereinafter, the “Content“), although ownership of said Content is not claimed, the User hereby grants MSMT the inherent rights thereto as described below.

By submitting or authorizing us to display their Content, the User grants us a universal, unrestricted, irrevocable, non-exclusive, royalty-free (with the right to grant unlimited sublicenses), worldwide, and for the entire legal duration over the intellectual property rights, including, but not limited to, the rights of public communication, reproduction, provision, transformation, and distribution over their Content to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works, adapt, and distribute their information in any medium (existing or developed in the future) worldwide, in any manner or medium, including for commercial and/or promotional purposes of our services, and in particular:

  • The User accepts that this license includes our right to offer, promote, and improve the services, as well as to facilitate, assign, and sell the Content submitted as aggregated data to other companies, organizations, or individuals for the redistribution, retransmission, distribution, promotion, or publication of such Content in other media and services, as well as the possibility of making assignments to third parties that MSMT deems appropriate without their prior authorization.
  • No compensation will be paid for the Content that the User submits through MSMT WEB and/or its communication channels, and in this regard, they waive any remuneration for its use by MSMT, as well as for the corresponding assignment of intellectual property rights made in their favour. 

Additionally, hereby, the User expressly waives, to the maximum extent permitted by applicable law, any moral rights that may apply to the exercise of this license of their Content by MSMT.

In particular, regarding the Content, the rights granted to MSMT terminate once the User deletes the Content or, in general, when they unsubscribe from MSMT WEB, except (a) if we use it for commercial and/or promotional purposes; and (b) for the reasonable time it takes to delete it from backups and other systems.

We reiterate that the User is solely responsible for the Content and the consequences of its dissemination, sending, uploading, publishing, transmitting, or making it available on MSMT WEB. Consequently, the User understands and acknowledges that they are responsible for any Content they submit or contribute. In this regard, the User warrants and guarantees to be the full owner of all rights to the Content and that the use and exploitation thereof by MSMT will not constitute any violation of intellectual property rights and/or other similar rights belonging to any third party. Likewise, the User guarantees that the aforementioned rights will be free from encumbrances and burdens and will not be subject to any claim, demand, or litigation. Consequently, the User will directly respond, keeping MSMT fully indemnified, to any judicial or extrajudicial claims by third parties regarding the ownership of intellectual property rights and/or other similar rights over the Content.

13. INDEMNITY

Hereby, to the extent permitted by law, the User agrees to defend, indemnify, and hold us harmless, including our respective directors, officers, board advisors, employees, partners, representatives, successors, and assigns, against any loss, liability, claim, or demand, including reasonable attorney’s fees and other legal costs, brought by third parties as a result of the User‘s use of MSMT WEB, including those arising from the User‘s breach of any provision of these Terms and Conditions or the provision of false information about their identity or similar.

14. LIMITATION OF MSMT’S LIABILITY

We want to make it clear that, under no circumstances, to the extent permitted by law, will we be liable for any kind of damage that the User may suffer as a user of our services, whether direct or indirect, including, but not limited to, incidental, punitive, legal, special, or consequential damages. This includes any loss of profits, goodwill, service interruption, or loss of commercial information that may arise from any dispute or collective claim related to the terms of use of our services, or derived from them. This disclaimer of liability applies even if we have been advised of the possibility of such damages and extends to any claim based on contract, intellectual property rights infringement, tort, negligence, or other causes.

Additionally, it is important for the User to acknowledge and accept that MSMT is not responsible for the defamatory, offensive, or illegal content or behavior of third parties. Any risk of damage or harm resulting from such content or behavior is the sole responsibility of the User. This means that, by using our services, the User assumes full responsibility for any negative consequences that may arise from interaction with the Content or the actions of other users.

15. SYSTEMS AND ACCESS

MSMT WEB requires internet access, with the User being responsible for all expenses associated with such connection, including those expenses derived from data traffic, regardless of the location where the User uses the application and/or MSMT WEB.

16. SAFEGUARD CLAUSE

All clauses of the Terms and Conditions shall be interpreted independently, with the rest of the clauses remaining unaffected in the event that one of them is declared void by a court judgment or final arbitration decision. The affected clause or clauses shall be replaced by one or more clauses that preserve the intended effects of the MSMT Terms and Conditions.

17. DISPUTE RESOLUTION

For any dispute related to these Terms and Conditions or any matter arising therefrom, and provided that the law allows, the current Spanish legislation at the time of the dispute shall apply. The Courts and Tribunals of Barcelona shall have jurisdiction to resolve all conflicts arising from or related to the use of this Website.

Furthermore, as established in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, in case of controversy, if the User wishes, they may resort to the “Online Dispute Resolution Platform of the European Commission” to try to resolve any dispute arising from the provision of services by MSMT extrajudicially. The User can access the platform through the following link: http://ec.europa.eu/consumers/odr/. In any case, to file complaints regarding the use of our services, the User may contact us by mail at the electronic or physical address indicated in the “Identification” section, and we commit to always seek an amicable solution to the conflict.

18. CLAUSE REGARDING SPECIFIC CONDITIONS FOR ARTIST OR PROFESSIONAL USERS

In certain circumstances, recognizing the unique nature of the activities and needs of users who identify themselves as artists or professionals, MSMT reserves the right to establish specific conditions for such users. These special conditions will be designed to address the particularities inherent in their professional or artistic activities.

These special conditions may be negotiated and agreed upon individually with each artist or professional user, according to the specific characteristics and requirements of their activity. Such conditions may include, but are not limited to, exclusive terms of use, personalized services, intellectual property requirements, and other considerations relevant to their professional or artistic field.

Each individual agreement will be documented in writing and will form an integral part of the contract between the artist or professional user and MSMT. These specific terms shall be understood as complementary and, in case of conflict, shall prevail over these MSMT Terms and Conditions.

19. OTHER LEGAL TEXTS

These Terms and Conditions are supplemented by the Privacy Policy and Legal Notice. All of this without prejudice to any other regulation or legal text that may need to be added, supplemented, or taken into account in compliance with the provisions of the legislation in force at any time.

 

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