joedocmusic.com - Terms of Use

Please read this carefully. The following terms and conditions constitute a binding agreement between you and joedocmusic.com (from now on called “JDM”).

By using the JDM web site (“site”) and/or downloading any content, you agree to be bound by and comply with this site usage agreement (“agreement”). If you do not wish to be bound by this agreement, do not use this site.

This agreement applies to you, and if you are using this site on your employer’s behalf, to you and your employer. JDM reserves the right to change this agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

This agreement is in addition to your obligations under the applicable JDM content license agreement (if any). In the event of any conflict between this agreement and the JDM content license agreement, the JDM content license agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this agreement, please contact us by e-mail at info@joedocmusic.com

Copyright
This site is owned and operated by JDM. All text, images, audio, video and related informational materials in any medium furnished by JDM hereunder, including related text, captions, or information (collectively referred to as “content”), is owned by JDM or our licensors and is protected by international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this agreement or the applicable JDM’s content license agreement (if any), no portion or element of this site or its content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of JDM.
For the protection of JDM and its image sources and other licensors, content may be visibly, invisibly, or electronically watermarked and may include the use of digital rights management system technology within content. Such technology may permit online crawling or tracking of content obtained from JDM and/or other methods of protecting, monitoring, or tracking the unauthorized use of the content (“Rights Management Systems (RMS))”. If you do not consent to JDM’ use of RMS, do not use the site or any content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the content, caption information, or any other material on this site. Additionally, unless authorized by JDM in writing, you may not:

• deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the site and/or retrieve or copy content or related information;
• violate the mechanical restrictions of the site, or bypass other measures employed to prevent or limit access to the site or content by hacking or other means;
• copy, redirect, or exploit the site or any content;
• probe, scan, or test the vulnerability of the site or of the network supporting the site, or seek information on visitors to the site or personal information of JDM’s customers; or
• use any device, software or routine that would interfere with the proper functioning of the site, or any transaction conducted via the site.

Permitted use of this site
Your use of this site and any content shall comply with all applicable law. JDM reserves the right, in its sole discretion, to revoke your authorization to view, download and use the content and information available on the site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from JDM. JDM may also restrict or remove content from the site for any reason, and you agree to immediately discontinue all use of the content upon notification from JDM.

Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and its content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by JDM. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

Privacy Policy
JDM will never willingly share your personal information and expecially your eMail address with any third parties. You understand that any message or information sent to the site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted.

Registering for a JDMaccount
Registration with JDM grants you certain privileges. For example, if you have registered for a JDM account and JDM has approved your registration, you may be able to access written music educational materials otherwise unavailable to you as an unregistered user. In applying for a JDM account, you agree to furnish true and accurate information. JDM reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the site and your account only by using the username and password supplied to you by JDM. You are responsible for maintaining the confidentiality of your username and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify JDM of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all content downloaded and any products purchased on JDM by others using your account, with or without your permission or knowledge prior to the time that you notify JDM of any unauthorized use. JDM cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any JDM account or site or related services.

E-mail
YOur eMail address will only be used by us to inform about new updates to the materials you purchased from JDM. We do not share any information you give us, including your e-mail and mail addresses, with any other company. If you do not wish to receive this type of information, please contact JDM and we will remove your email from our list.

Children
Minors and children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Purchasing Electronic Books from JDM
All Electronically Delivered Books (eBooks) purchased or delivered via www.joedocmusic.com will be sent as .pdf files to your email address as entered into the site's database for your purchase. You will need to have Adobe's 'Reader' .pdf viewing program installed on their computer to view the files. You are solely responsible for the download of Adobe Reader and agreement to Adobe's term's of use. Adobe is in no way associated with JDM, and JDM can claim no responsibility for the use of Adobe software.

Copyright on Electronic Books
When you purchase one of our eBooks, you are purchasing a liscence to use the material for your own private use and viewing, with the right only to use the material for your personal viewing and for non-commercial purposes. The original written work, copyright and all the rights to the material remain JDM's property. Unless specifically authorised, you may not scan, duplicate, copy, modify, resell, publish, or otherwise use the work in any manner without prior written authorisation from JDM.

Ordering and Payment
Payment is accepted through PayPal (Credit Card, Bank Transfer, PayPal Account and all other payment systems offered by PayPal). JDM is not responsible for any change to the services offered by PayPal. If you do not want to use PayPal, JDM may also accept personal checks, bank drafts and money orders. Contact us if you would like to pay by one of these alternate methods (please ensure that your form of payment is cashable within the USA).

Packaging, Shipping and Return Policy
Due to the nature of digitally delivered information, in that it is infinitely reproduceable, returns are not accepted and refunds are not made. In the case of printed books (when available on JDM) a refund is possible only within 30 days of purchase. The buyer is responsible for all shipping costs. Returned goods are subject to a 20% restocking fee, and the remainder of the initial price minus the shipping cost will be refunded to the buyer. Refunds will be credited to the buyer via Paypal within 3 days of receipt of returned goods.

www.joedocmusic.com
Heussweg 109
20255 Hamburg
Germany


JDM may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this agreement or with the JDM content license agreement applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the content and (ii) delete all content and all copies from all magnetic media and destroy all other copies, or, at JDM’ request, return all such copies to JDM.

JDM and JDM trademarks
You may not use the trademarks or service marks of JDM and JDM without JDM’s prior written consent. “joedocmusic.com”, and the JDM logos, among others, are trademarks of JDM. Other product and company names mentioned on the site may be trademarks of their respective owners.

Indemnification
You agree to indemnify and hold harmless JDM and its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) your breach of any terms, conditions or restrictions of this agreement, (ii) your use or modification of any content, or combination of any content, with any text or other content, (iii) your failure to obtain from third parties all permissions necessary to use the content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.

Disclaimers and limitation of liability
JDM provides you with the site and content on an "as is" and “as available” basis. Except for any liability which cannot by law be excluded or limited, neither JDM nor any JDM subsidiary, successor, predecessor, parent, joint venture, affiliate, officer, director, employee, contractor, content source, licensor or licensee shall be liable to you or any other third party claiming through you for indirect, incidental, special, punitive, statutory or consequential damages arising out of, or relating to, this agreement, content or this web site, and your rights under any provision of this agreement, including, without limitation, your use or inability to use the content or this web site, whether framed as a breach of warranty of merchantability, title, non-infringement, or fitness for a particular purpose, in tort, contract, failure of essential purpose, or otherwise. In no event shall JDM's or its affiliates' liability arising out of your use of this site or inability to access this site or any of the content exceed €50. The foregoing exclusions and limitations on remedies and damages are applicable notwithstanding any failure of essential purpose.

Third party links
As a convenience, our site may link to other sites that may be of interest to you but are not under JDM’s control. These links do not imply endorsement by JDM and we are not responsible for the availability of or the content contained in any linked site.
Notification of copyright infringement
JDM may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the site, send JDM a notice containing:
• a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
• a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing;
• a description of where the material that you claim is infringing is located on the site;
• information sufficient to permit JDM to contact you, such as your physical address, telephone number, and email address;
• a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement please contact:

www.joedocmusic.com
Heussweg 109
20255 Hamburg
Germany
email: info@joedocmusic.com

Choice of law / jurisdiction / attorneys’ fees
The present Agreement is governed by the Laws of Germany and the Hamburg main court, whose courts shall have exclusive jurisdiction over any and all controversies and disputes relating to the present Agreement. This Agreement shall not be governed by the United Nations and European Convention on contracts for the international sale of goods or any similar convention or law, the application of which is expressly excluded. The parties hereto confirm that it is their wish that this agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between JDM and you, JDM shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

Miscellaneous
You acknowledge that you have read this agreement and understand it, and agree to be bound by all its terms and conditions. This agreement (along with JDM’s privacy policy and the JDM content license agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of JDM, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this agreement. This agreement shall not be modified except by a written agreement signed by duly authorized representatives of JDM, provided that no purchase order or similar document issued by you shall modify this agreement, even if signed by JDM. If any provision of this agreement is found invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this agreement as is possible. This agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this agreement without JDM’s prior written consent.