Terms of Service

Last edited: 6/25/2023

Overview

This website is operated by Miller Music Creations. Throughout the site, the terms “we”, “us” and “our” refer to Miller Music Creations. Miller Music Creations offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Ecwid. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - DEFINITIONS

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Miller Music Creations
Commissions refers to new music specifically created for your ensemble.
Custom Orders are arrangements of music already in Our catalog.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Revisions refers to minor alterations made to a commissioned piece.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

SECTION 2 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services, up to and including removal of access to any previously purchased materials.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. See Sections 6, 7, and 8 for details regarding returns/refunds on products, subscriptions, and Custom Order and Commission services.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - SUBSCRIPTIONS

Miller Music Creations offers a variety of subscription plans, ideal for Customers who are looking to purchase a lot of sheet music throughout the year. These subscriptions last for a full year from the date of purchase and will automatically be renewed unless previously canceled by the Customer.

Customers that purchase a subscription (hereinafter referred to as "Subscribers" for the purposes of this section) are entitled to extra perks not normally afforded to a non-subscription purchase. These include:

Access to all current music in Our catalog that matches their subscription (i.e. Beginning Band literature, etc.).
Have new scores emailed to you or order them from our Store at no additional charge.
Receive new music before it's released to the public.
Receive additional exclusive discounts/offers on items not covered by their subscription as well as commissions. (See Section 9).

We reserve the right to change the price of the subscription and/or the terms and extent of these perks/benefits at any time. Any changes will take effect the next time your subscription is renewed.

Emails and Orders

As a Subscriber, You agree to receive emails from Us regarding your subscription. These emails may come from Ecwid on behalf of Miller Music Creations or in the form of a newsletter.

You also authorize Us to manually place free orders on Your behalf so that You may have new sheet music sent to You in an efficient and timely manner, in accordance with the Terms of your Subscription. We at no point will place a paid order on your behalf without Your express and explicit permission. Alternatively, You may instead opt to manually download individual products from the relevant Subscriber-only catalog by adding the desired products to your Cart and proceeding with Checkout. You will not be charged for products covered by your subscription plan.

Cancellations

You are able to cancel your subscription at any time through your Customer Account. Canceling only stops your subscription from being renewed. You will still have access to all the perks and benefits of your subscription until it expires. Subscriptions will be automatically canceled after 7 days if We are unable to charge a valid payment method connected to your account. Subscriptions are non-refundable, so if You intend to cancel your subscription, do so BEFORE your renewal date.

Prohibited Use

You are not permitted to share your Subscription with any third-party. This includes (but is not limited to) friends, family members, colleagues, etc. Sharing of your Subscription perks/benefits willfully or negligently is considered a violation of these Terms of Service and may result in the termination of your account. No refunds will be issued if misuse of your Account/Subscription is detected and results in the cancellation of your subscription or account. (See Section 2)

SECTION 8 – RETURNS AND REFUNDS

Returns and refunds are not permitted for digital products and hardcopy perusals of musical theatre products. Subscriptions and subscription renewals are also non-refundable; please make sure You cancel your subscription prior to being charged. All sales are final.

SECTION 9 - COMMISSIONS AND CUSTOM ORDERS

We offer this Service on a first come, first serve basis depending on scheduling availability. We reserve the right to alter the terms of this Service or cease to offer it at any time.

Custom orders are defined as arrangements of a piece in Our existing catalog (i.e. a SATB version of a two-part choral piece; the addition of a violin part to a band piece, etc.). The cost of these will be determined based on the specifics of the arrangement and assessed prior to work beginning.

Commissions refer to new music specifically created for your ensemble following the return of Our Commission Agreement Form. Commissioned music for your ensemble will be yours exclusively to perform for a period of six (6) months after delivery of the materials to you, after which time Miller Music Creations reserves the right to add it publicly to Our catalog for sale. Commissioned works on Our store will include “Commissioned by ____” in the product listing. Your school or organization’s name will be shown in the product listing.

You are required to include the composer’s name in the concert program for a live, in-person performance. For a virtual video, you MUST include the name of the composition, the composer, and a link back to our website.

Commissions come with two revisions. A revision is defined as a minor alteration made to the music. For example, adjusting the range for an instrument or giving the melody to a different instrument counts as a revision. Re-writing the piece completely DOES NOT count as a revision. To reduce the chance of miscommunication or misunderstanding, You must provide Miller Music Creations with a written statement including instrumentation, length requirements, and any other specifications. Miller Music Creations reserves the right to use discretion as to creative choices should any of the aforementioned information be absent or otherwise omitted, accidentally or purposefully. We will make a reasonable effort to provide you with updates throughout the entirety of the commission process using the contact information You have provided.

Commissions and Custom Orders entitle you to the same licenses and privileges of other products – you may make as many copies as needed for rehearsal/performance, you may post videos/streams of its performance on YouTube/Vimeo/Twitch/etc. (with the exception of Musical Theatre performances), and upload the necessary materials to your Google Classroom (if applicable).

Subscribers are entitled to a 25% discount on commissions and custom orders, regardless of which subscription plan they have selected.

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click on the corresponding link in the footer of most pages on this Website.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - ALLOWED AND PROHIBITED USES

Use of this site and use of any content purchased either by subscription or a standalone purchase are governed by a series of allowances and prohibitions.

Allowed Uses - Site

You are permitted to share links to blog posts, embedded audio/video, and/or specific pages of this Site on social media platforms or other websites. You may also use our company name and logo in any context that would be covered by fair use, so long as its use does not imply or suggest any kind of relationship between You and Miller Music Creations, unless previously authorized. This allowance is extended to blog post content, product descriptions, etc.

Allowed Uses - Purchases

With products you purchase from Miller Music Creations, You may:

Perform the music in a concert setting.
Upload a recording of your ensemble's performance to YouTube/Vimeo/Facebook/etc. This is what is often referred to as a synchronization license.
Use he music in a virtual performance (either streamed or pre-recorded) on YouTube/Vimeo/Facebook/etc. No royalty payments required.
Charge for a live performance of music you purchased from Miller Music Creations. No royalties required - except for Musical Theatre products.
Perform the purchased music year after year without the need to buy it again.
Make as many copies of parts as necessary for rehearsal within your ensemble.
Upload/integrate the music to your respective Google Classrooms for the rehearsal/performance period, semester, or school year (whichever is shortest).

Prohibited Uses - Site

You are not allowed to place any content on this site behind a paywall, fundraising or subscription service. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Prohibited Uses - Purchases

You are not permitted to:

Re-sell the music or curriculum (in whole or in part), either to recoup your investment or turn a profit.
Distribute (in any way or by any medium) the scores, parts, books/scripts, etc. to other schools/organizations in order to avoid a sale.
Re-arrange, re-orchestrate, or otherwise alter the overall musical structure of the music without prior written permission.
Create an arrangement or orchestration of the music and sell it (or otherwise pass it off as your own).
Use the information, artwork, or any other asset/educational materials within a curriculum/unit in Your own curriculum that You sell or offer for free.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Miller Music Creations, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Miller Music Creations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona in the United States.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us through Our Contact Form.

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