IN USING THIS WEBSITE AND UPLOADING INFORMATION, YOU ARE AFFIRMING THAT YOU ARE 13 YEARS OF AGE OR OLDER AND THAT YOU HAVE THE AUTHORITY TO UPLOAD INFORMATION TO THIS WEBSITE. VISITORS TO THIS WEBSITE UNDER THE AGE OF 13 MAY NOT REGISTER OR OTHERWISE UPLOAD INFORMATION TO THIS WEBSITE.
Use of Website
The Company authorizes you to view and access a single copy of the content available on or from www.mhpercussion.com (the “Website”) solely for your use.
This Website may be used only for lawful purposes relating to steel pan music. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company, in its sole discretion, including but not limited to:
The uploading or storage of files and information related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially offensive.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
Taking any action that imposes an unreasonable or disproportionately large load on this Website’s infrastructure.
If you have a password allowing access to a non-public area of this Website, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Company and other generally available third party web browsers.
Attempting to decipher, decompile, disassemble or reverse engineer any part of this Website or the software comprising this Website.
Aggregating, copying or duplicating in any manner any of the website content or information available from this Website.
Framing of or linking to any of the Website content or information available from this Website.
Participating in a denial-of-service attack against this Website or against any other website or computer environment by using this Website.
Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this Website any material that is unlawful or violates the rights of others.
Engaging in any screen scraping or data acquisition and consolidation.
Infringing the intellectual property rights of others in any way.
Making any unauthorized commercial or non-commercial use of this Website.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are aware and acknowledge that listing details on the this Website’s databases are public, may be seen by anyone viewing this Website, and that these details may be indexed by search engines. Visit the privacy settings page of the Website to see your current privacy settings and make adjustments.
The Company makes no guarantee that users who upload musical content and information will receive any benefit from their use of this Website.
By submitting data and information to any public or non-public area of this Website, you grant Company the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the data and information (in whole or in part) worldwide and in all mediums for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store, and reproduce such content. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
The Company reserves the right with regard to any music uploaded to this Website, in its sole discretion, to remove, watermark, promote its appearance and presentation on this Website, further syndicate, to reference, to use the content in social media/social contexts and markets, and to generate revenue from the advertisements or other promotional activity that may occur on this Website or seen as part of the viewing process. The Company also reserves the right to highlight or profile music or a musician at its sole discretion on this Website or within specific categories or sections on the Website.
Use of Website Content
The Company expects that you will use caution and common sense when using this Website as this Website is only an information database. Any reliance upon the information found on this Website will be at your own risk. You alone are responsible for your choices and actions.
The Company reserves the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the site.
The Company is not responsible if information that is made available on this Website is not accurate, reliable, complete, timely, or current, and the Company does not assume any responsibility for errors, inaccuracies, typographical errors, or omissions. For all visitors to the Website, the content on the Website represents the information as at the date of publication.
This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. It is solely up to the visitors to this Website to check and confirm that details are recorded correctly.
Company is under no legal obligation to, and generally does not, control the information provided by other users that is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company does not conduct criminal background screenings of its users who upload information to this Website and does not undertake efforts to authenticate the information provided by registered users, represent or guarantee the truthfulness, accuracy, or reliability of communications or uploaded files and information posted by users, does not endorse communications, uploaded files, and information posted by users, and has no liability or responsibility for any user submissions.
The Company accepts no responsibility for any agreements or contracts entered into by and between users of this Websites, and is not otherwise involved in the actual transactions between users of this Website and/or any third party.
The Company cannot verify or validate any references, written or otherwise, or accept responsibility of any kind concerning the credentials or information claimed by users who upload information to this Website. As a result, the Company has no control over the quality and safety or legality of postings or information uploaded to the Website. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, underage persons, including those who misrepresent their age, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through this Website, and Company has no responsibility or liability for any encounters or transactions, online or offline, between you and any third party.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Website; consequently in the event that you have a dispute with one or more users, you release the Company (and our agents, directors, officers and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident in the United States, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The information contained on this Website is for informational purposes only, and the Company offers no express or implied guarantees or warranties regarding the accuracy, benefits, or effectiveness of any information obtained from this Website. The Company makes no express or implied guarantees or warranties that you will find that the information obtained through this Website will be satisfactory, complete, be of benefit, will be suitable for your own personal circumstances, or that you will conclude any transactions. You are solely responsible for deciding whether any of the information, is suitable for your purposes. Visitors to the Website and those who use this information provided through this Website do so at their own risk, and the Website assumes no responsibility or liability whatsoever for any actions taken by users of the Website.
The Company has no liability or responsibility to users for performance or nonperformance of any activities in which visitors to this Website engage through the information provided by the Company or engage with third parties with whom they come in contact through this Website.
Nothing contained on this Website is intended to provide advice of any kind, nor is it a substitute or replacement for any such advice. You are advised to consult with professionals, if necessary, with regard to any action you might undertake regarding the use of information on this Website. Further, The Company is not liable for any damages sustained upon your reliance on the information received through this Website.
Company’s Use of Uploaded Content
You agree and understand that by uploading music to this Website you are granting the Company the right to distribute and disseminate the music across multiple digital platforms, including but not limited to the Internet.
We appreciate hearing from our users and welcome your comments regarding our services and the website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the user or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your information uploaded to the website and your user name and password. You shall be responsible for all uses of such information, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password. Your username and password may not be transferred or assigned.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
We have designated ____________ as our agent to receive notices of claims of copyright infringement on our website. You can contact ____________ as follows:
The names “Perfect Cadence” and “Steel Pan Scores” or any variation thereof are solely owned by the Company and are registered trademarks or are otherwise legally protected. These trademarks, and any other Company trademarks and trade names, registered or unregistered, owned or licensed, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company. Any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this Website are the property of their respective owners, and may not be used by you in any form.
This Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States of America and other countries. The Company reserves any rights not expressly granted to you.
You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content in any way for any public, commercial, or non-commercial purpose. The use of the Website content on any other website or in a networked computer environment for any purpose is prohibited.
COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENTS OF THE FILES AND INFORMATION YOU HAVE UPLOADED TO THE WEBSITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF FILES AND DATA, OR FAILURE TO STORE ANY FILES OR INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF FILES OR INFORMATION THROUGH THE ACTION OR LACK OF ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THE FILES AND INFORMATION TRANSFERRED TO THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS, AND REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, LOSS OF PROFITS, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE INABILITY TO USE THIS WEBSITE, THE USE OF THE INFORMATION PROVIDED THROUGH THIS WEBSITE OR UPON ACTIONS THE COMPANY TAKES OR FAILS TO TAKE, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING INTERACTION WITH OTHER REGISTERED OR UNREGISTERED USERS OF THIS WEBSITE AND OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS INCLUDES BUT IS NOT LIMITED TO ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $20.
EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Breach of Agreement
Additional Terms and Conditions
The Company makes no claims that the Website content may be lawfully viewed or accessed in any specific country. Access to the Website content may not be legal by certain persons or in certain countries. When you access or otherwise use this Website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Company may at its sole discretion modify or discontinue, temporarily or permanently, its services, or any portion thereof, provided on this Website with or without notice to you. You acknowledge and agree that the Company shall have no liability to you whatsoever for such actions.