Terms and Conditions

(I) The following are terms of a legal agreement between you and Filenzi Incorporated. By using this site you acknowledge that you have read, agree to comply with, and agree to be bound by both our Privacy Statement posted on this website and the Terms and Conditions described herein. This site is owned by Filenzi Incorporated, who may at its sole discretion update or change its Terms and Conditions. Changes to these Terms and Conditions will be made present on this website. Your continued use of this website following any such changes constitutes your acceptance of those changes.

(II) Our products are licensed, not sold. Licenses are made on a single-user, non-transferable basis. User is defined to mean a single person. Such an individual shall hereafter be referred to in this agreement as Licensee.

(III) Without limiting the rights reserved under copyright law, the following actions are all prohibited uses pertaining to any part of our products: file-sharing, scanning, re-selling, renting, sub-licensing, making copies or printouts for others, repackaging, rebranding, modifying, translating into other media or media forms, commercializing, reverse-engineering or attempting to discover or alter the document source code or contents, uploading to the internet, posting or transmitting images or data files, storing or introducing into a retrieval system, or transmitting in any form or by any means without prior express written consent of the copyright owner. If you purchase a license for one of our products, you may make a maximum one copy of the product. This copy shall be for backup purposes only, shall be clearly labeled as such, and does not negate any of the above language contained in this paragraph.

(IV) The demonstration files we make available for download, as well as the content on this website, are also copyrighted. They are protected by the rights and restrictions as outlined in, but not limited to, paragraph (III) of this Terms and Conditions agreement.

(V) Filenzi guarantees that products licensed from this website will conform to published documentation. Filenzi guarantees its products to be free from defects for 90 days from the date of purchase. Filenzi is not responsible for replacing products that have been lost, misplaced, or damaged by the Licensee.

(VI) Due to the nature of our products, all sales are final. You agree that no refunds shall be issued to you from any sales made with us. If you wish to preview our product style, you may sign-up to receive a free demonstration of our workmanship (see sidebar). This demonstration file will be for a music selection that is not for sale on our website at the time of availability. Our product demonstration(s) serve to provide you with a reasonable representation of the workmanship that typically consists in our products. By requesting such demonstration, you agree that we may communicate with you via the email address you provide us. You agree that the demonstration(s) we provide constitute sufficient pre-sales information for you to make your purchasing decisions, and as such any claim for a refund is invalid and unnecessary.

(VII) Our sheet music products are delivered in PDF format via direct-download link. As Licensee, you are responsible for having access to a computer that can read Adobe Acrobat PDF files. You are also responsible for the knowledge of how to open and use such a file. Filenzi is not responsible for providing technical assistance relating to PDF general technical skill.

(VIII) By purchasing a license for any of our products, you agree that you will not use such product(s) in a libelous, defamatory, or otherwise illegal manner.

(IX) You may not supply false, misleading, unlawful, defamatory, inflammatory, harassing or objectionable communications or content. You may not use this site and/or Filenzi Incorporated services in any manner which could damage, overburden, or impair this site or the services of Filenzi Incorporated. You many not interfere, or attempt to interfere, with any other party's use and enjoyment of this site and/or Filenzi Incorporated services. You may not attempt to gain unlawful or unpermitted access to financial data, credit card, transactions, other accounts, computer systems or networks connected to this site by any means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site. You may not violate any local, national or international law pertaining to the use of this site or the access of any Filenzi Incorporated products or services.

(X) Any claim or cause of action brought by you against Filenzi Incorporated or its associated parties must be instituted within one year after the claim or cause of action arises. Otherwise the claim or cause of action shall be deemed forever waived and barred.

(XI) You agree to defend, indemnify and hold harmless Filenzi Incorporated, and all of its respective directors, officers, employees, representatives, shareholders, agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys' fees and litigation expenses) relating to or arising from your use of this web site and any breach by you of these terms and conditions.

(XII) Should any portion of this agreement be deemed unenforceable in a court or other tribunal of competent jurisdiction, the remainder of this agreement shall remain in full effect.

(XIII) Filenzi Incorporated reserves the right to terminate your access to the web site in the event that you violate these terms and conditions, or for any reason whatever.

(XIV) These terms and conditions are the only terms and conditions between Filenzi Incorporated and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to this web site. To the extent that anything in or associated with the web site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

(XV) The captions or headings of sections in these terms and conditions are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this agreement.

(XVI) The information and services on this website may contain bugs, inaccuracies, errors, problems, or other limitations. Filenzi Incorporated does not warrant that this website, its servers or e-mail sent from Filenzi Incorporated are free of viruses or other harmful components. No advice or information, oral or written, obtained by you from use of this site shall create any warranty, representation or guarantee not expressly stated in this agreement. Filenzi Incorporated has no liability whatsoever for your use of any information or services on this web site. Filenzi Incorporated is not liable for any direct, indirect, special, consequential, incidental, exemplary, punitive or other damages (including, but not limited to, damages for loss of business, loss of profits, litigation or the like) that may result from use of, access to, or inability to use this web site. Your sole remedy for dissatisfaction with this web site is to stop using this web site and/or site-related services.

(XVII) You may not assign this agreement to any other party without the prior express written consent of Filenzi Incorporated.

(XVIII) Filenzi Incorporated shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by a duly authorized representative of Filenzi Incorporated. No delay or omission by Filenzi Incorporated in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

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