Conditions of Use & Sale
Welcome to Arcomis.com. Arcomis.com and its affiliates provide access to the Arcomis.com website (the “website”) and make our services available to you and sell our products to you subject to the conditions set out below.
Please read these conditions carefully before using the Arcomis.com website. By using the Arcomis.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Arcomis.com service you will also be subject to the terms, guidelines and conditions applicable to that service. (“Terms”). If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.
-Conditions Relating to Your Use of Arcomis.com
-Conditions Relating to the Sale of Products to You
-Conditions Relating to Both Your Use of Arcomis.com and Sales to You
-Notice and Procedure for Making Claims of Infringement
-Notice and Procedure for Notifying Arcomis.com of Defamatory Content
Conditions Relating to Your Use of Arcomis.com
- Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ëYour Accountí area of the website.
Arcomis.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Arcomis.com will not pass your details or information about you to any third parties without your consent.
- Access to Arcomis.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Licence for website access
Arcomis.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Arcomis.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website 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 website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Arcomis.com and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Arcomis.com’s or its affiliates’ names or trademarks without the express written consent of Arcomis.com. Any unauthorised use terminates the permission or license granted by Arcomis.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Arcomis.com as long as the link does not portray Arcomis.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Arcomis.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
- Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Arcomis.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
* for fraudulent purposes, or in connection with a criminal offence or other unlawful activity * to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" * to cause annoyance, inconvenience or needless anxiety
Users of this website may post their musical scores and accompanying information to the site. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Arcomis.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
* (a) grant Arcomis.com and its affiliates non-exclusive and fully sublicensable rights to use, reproduce, publish, distribute, and display such content throughout the world in any media; and * (b) Arcomis.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights (unless you notify us in writing that you wish to be removed from our database and terminate your relationship with Arcomis.com) associated with such content and material.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Arcomis.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Arcomis.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Arcomis.com and its affiliates for all claims brought by a third party against Arcomis.com or its affiliates arising out of or in connection with a breach of any of these warranties.
- Defamation claims
Because Arcomis.com lists many products for sale on the website it is not possible for us to be aware of the contents of each product listed for sale. Accordingly, Arcomis.com operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once we have received notification Arcomis.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
- Copyright, authors’ rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Arcomis.com, its affiliates or its content suppliers (composers) and is protected by international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Arcomis.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Arcomis.com, our affiliates or our software suppliers and is protected by international copyright and author’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Arcomis.com’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Arcomis.com’s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Arcomis.com’s express written consent.
- Intellectual Property Claims
Arcomis.com and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.
- Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Arcomis.com to you.
10.1. The Service
10.2. Digital Content
10.2.2 Restrictions. You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 10.2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
10.2.3 Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
10.2.4 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact Arcomis.com customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
10.3.1 General. We may make available to you, from time to time, software for your use in connection with the Service (any and all such software, individually and collectively, the “Software”).
10.3.2 Use of the Software. You may use the Software only in connection with the Service. You may not separate any individual component of the Software for use other than in connection with the Service, may not incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
10.3.3 No Reverse Engineering, Decompilation, or Disassembly; Updates. You may not, and you will not encourage, assist or authorise any other person to, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the Software. We may offer updates of the Software, from time to time, for feature enhancement, security or other purposes. We will not automatically update the Software, unless you authorise us to do so.
10.3.4 Export Regulations. You agree to comply with all export and re-export restrictions and regulations of the British Government.
10.4. Reservation of Rights
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Software or Digital Content.
- Our contract
When you place an order to purchase a product from Arcomis.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
We do not accept returns of digital content. Customers who order goods (printed scores) from us in the European Union are entitled to a statutory cooling-off period of seven business days.
- Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the many products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
When ordering goods from Arcomis.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Arcomis.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Arcomis.com does not sell products for purchase by children. We sell some children’s products for purchase by adults. If you are under 18, you may use Arcomis.com only with the involvement of a parent or guardian.
- Electronic communications
When you visit Arcomis.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and 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. This condition does not affect your statutory rights.
Arcomis.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Arcomis.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
- Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of the United Kingdom.
- Our details
Arcomis Ltd. is a company registered in England and Wales
Company Number: 6436170
This website is owned and operated by Arcomis Ltd.
For the Arcomis.com website:
You can contact us by visiting www.Arcomis.com/contactus