Welcome to ComposersUnlimited.com. Composers Unlimited, Inc. and/or its affiliates provide ComposersUnlimited.com (the “Site”) website services to you subject to the following Terms of Use and Service, collectively herein referred to as “Terms of Service” (TOS), which we may update from time to time without notice to you. If you visit or shop at ComposersUnlimited.com, you accept these TOS. Please read these TOS carefully before using ComposersUnlimited.com. Your continued use of ComposersUnlimited.com indicates your agreement to be bound by these TOS in effect at the time of such use.
Composers Unlimited, Inc. makes no representation that materials in the Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if any to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
When you visit ComposersUnlimited.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ComposersUnlimited.com Copyrights and Trademarks: All content included on this Site, such as text, graphics, logos, button icons, images, photos, products, audio clips, digital downloads, data compilations, and software, is the property of Composers Unlimited, Inc. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Composers Unlimited, Inc. and protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Composers Unlimited, Inc. All software used on this Site is the property of Composers Unlimited, Inc. or its software suppliers and is protected by United States and international copyright laws.
ComposersUnlimited.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Composers Unlimited, Inc. in the U.S. and/or other countries. Composers Unlimited, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Composers Unlimited, Inc.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Composers Unlimited, Inc. All other trademarks not owned by Composers Unlimited, Inc. that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Composers Unlimited, Inc.
License and Site Access: Composers Unlimited, Inc. grants you a limited license to access and make personal use of this Site and not to download (other than to download your digital music purchase and/or page caching) or modify it, or any portion of it, except with express written consent of Composers Unlimited, Inc. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Composers Unlimited, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Composers Unlimited, Inc. without express written consent. You may not use any meta tags or any other “hidden text” utilizing Composers Unlimited, Inc.’s name or trademarks without the express written consent of Composers Unlimited, Inc. Any unauthorized use terminates the permission or license granted by Composers Unlimited, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Composers Unlimited, Inc. so long as the link does not portray Composers Unlimited, Inc., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Composers Unlimited, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account and Password: If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Composers Unlimited, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Composers Unlimited, Inc. only with involvement of a parent or guardian. Composers Unlimited, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Submissions: You may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, threatening, abusive, harassing, defamatory, obscene, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, is not infringing of intellectual property rights (i.e. patent, trademark, trade secret, copyright or other proprietary rights) of any party, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Composers Unlimited, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post or submit material to us, and unless we indicate otherwise, you grant Composers Unlimited, Inc. the royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content (in whole or in part) and the names and likeness of any persons identifiable therein throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content.
You represent and warrant that you own or otherwise control all of the rights to any content you submit to Composers Unlimited, Inc., that the content is accurate; that use of the content you supply does not violate these TOS and will not cause injury to any person or entity and that you will indemnify Composers Unlimited, Inc. for all claims resulting from any content you supply.
You grant Composers Unlimited, Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You acknowledge that Composers Unlimited, Inc. has the right but not the obligation to monitor, edit, refuse, or remove any activity or content you submit and that Composers Unlimited, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party. You also acknowledge and agree that Composers Unlimited, Inc. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Composers Unlimited, Inc., its users and the public.
Composers Unlimited, Inc. may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user’s submission of content. If, upon such request, Composers Unlimited, Inc. does not receive information it deems sufficient to evidence such rights, Composers Unlimited, Inc. reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
Product Pricing: Except where noted otherwise, the price displayed for products on our website represents the full suggested retail price listed on the product itself. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold by Composers Unlimited, Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, an item or items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Composers Unlimited, Inc.
Product Information Disclaimer: It is our intent to provide the most accurate and up-to-date information available throughout the Site and in our communications with you. Composers Unlimited, Inc. attempts to be as accurate as possible. However, Composers Unlimited, Inc. does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Composers Unlimited, Inc. itself is not as described, your sole remedy is to return it in unused condition.
Composers Unlimited, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted.
Return Policy: We DO NOT offer cash refunds due to the nature of our products, however we are more than willing to replace defective media upon its return to ComposersUnlimited.com.
Risk of Loss: All items purchased from Composers Unlimited, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Third Party Links, Products and Services Disclaimer: We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Composers Unlimited, Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. You will use these links at your own risk.
Termination of Right to Use Site: Composers Unlimited, Inc. reserves the right to terminate your right to use this Site if you violate any of these TOS. Upon termination of your right to use the Site, Composers Unlimited, Inc. will remove your account privileges. Composers Unlimited, Inc. will have no obligation to return to you your submitted Data. The disclaimers and limitations of liabilities set forth in these TOS shall survive any such termination. Your sole recourse and remedy if Composers Unlimited, Inc. terminates your right to use this Site, is to receive a refund for any products paid for but not processed or fulfilled by ComposersUnlimited.com if any.
Limitation of Liability: Composers Unlimited, Inc. shall not be responsible to visitor or any third parties under any circumstance, including but not limited to its own negligence, for any indirect, consequential, special punitive or exemplary damages or losses, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses which may be incurred in connection with the Site or the service, and use thereof, or any of the data or other materials transmitted, purchased, received or sold by way of the service, regardless of the type of claim or the nature of the cause of action, even if Composers Unlimited, Inc. or a Composers Unlimited, Inc.’s authorized representative has been advised of the possibility of damage or loss. In not event shall Composers Unlimited, Inc.’s total cumulative liability to you arising from or relating to these Terms of Use and/or Service exceed the amount paid by you, if any, for accessing this site.
Disclaimer of Warranties: The service, including all content, software, functions, materials and information made available on or accessed through the service, is provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Composers Unlimited, Inc. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Composers Unlimited, Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available are free of viruses or other harmful components. Composers Unlimited, Inc. does not warrant or make any representation regarding the use or the results of the use of the materials in this site in TOS of their correctness, accuracy, reliability or otherwise. You (and NOT Composers Unlimited, Inc.) assume the entire cost of all necessary servicing, repair or correction.
Exclusions and Limitations: Some Jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitation may not apply to you.
Governing Law/Jurisdiction: These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site or Terms of Service, sole jurisdiction shall reside with the appropriate State or Federal Court located in Melbourne, Florida. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of the Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions. Composers Unlimited, Inc. makes no representation that the TOS comply with the laws of any other country. Visitors who use the Site and/or Services and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By virtue of your use of the Site, you agree not to transfer, by electronic transmission or otherwise, any Materials derived from the Site and/or Services in violation of any laws.
Privacy: Please review our Privacy Notice, which also governs your visit to ComposersUnlimited.com, to understand our practices.
Copyright Complaints: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Composers Unlimited, Inc.’s Legal Department with the written information specified below. Please note that this procedure is exclusively for notifying Composers Unlimited, Inc. that your copyrighted material has been infringed.
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please send your copyright information to:
Composers Unlimited, Inc.
Att: Legal Department
P.O. Box 372220
Satellite Beach, FL 32937
U.S.A.