CYBERMIDI.COM AND INTELLLECTUAL PROPERTY
I. CYBERMIDI.COM holds intellectual property rights to the various elements of its web site, particularly:
- All musical works marketed on the site, with the exception of those which are the intellectual property of composers who have contributed to the site. Where such works appear, we have received authorizations from the holders of the intellectually copyrights for their fair use.
- The graphic charter of the site.
- All editorial content broadcast on or from the site with the exception of those who have contributed to the site.
- The internationally registered verbal and graphic CYBERMIDI.COM and CYBERMIDI trademarks.
You are reminded that, unless otherwise indicated, access to CYBERMIDI.COM web site does not grant you any intellectual property rights to the elements of the site. You agree to obey and enforce all intellectual property rights relative to all elements of the CYBERMIDI.COM site, particularly the musical works marketed on the site. CYBERMIDI.COM pledges to obey and enforce the recognized rights of all those who hold rights to the musical works marketed on its site. CYBERMIDI.COM has signed agreements with those who hold rights to the musical works marketed on its site. Despite these efforts, if you believe you hold rights to a work used illegally on the CYBERMIDI.COM site, please contact us via email or write to us at CYBERMIDI.com, P.O. Box 120040, Staten Island, NY 10312. For a faster response, your letter must:
- list the title of the work or works you believe are being used illegally
- identify the specific activity of CYBERMIDI.COM that is grounds for violation
- include any proof that you hold rights to the work in question
- indicate your address so that we can reply as soon as possible
Should your complaint prove justified, CYBERMIDI.COM pledges to resolve the situation as soon as possible. If you are unsure what all the terms and conditions actually mean, you may request further copyright information by contacting us.
II. SERVICE LISENCING AGREEMENT
CYBERMIDI.COM offers a subscription service that allows to the user access to a private members only site, where the user can access specific MIDI files. By obtaining such files, whether it is via download, email or postal mail, you are entering into a binding legal agreement between you ("you", "your", "licensee") and CYBERMIDI.COM. This license will take effect when CYBERMIDI.com receives your fully paid membership agreement, internet delivery of product, or when you open any package containing a CD and documentation. If you do not agree to the terms of this license do not continue.
In case of mail order, promptly return the sealed CD and all of the accompanying items. By accepting, opening, and using this work, you agree to the following terms and conditions as an 'end user', and the conditions stipulated on this page apply to you in full. CYBERMIDI.com reserves the right to discontinue the membership option at any time and for any reason. Any existing memberships in good standing will be honored until their term expiration. The terms of your membership are confidential between you and CYBERMIDI.com and you agree not to divulge this information to anyone. CYBERMIDI.COM MIDI files are not public domain, nor are they shareware.
All CYBERMIDIs are for your own personal use. This includes non-recordable performance rights, such as Night Club, Weddings, etc. These rights are not extended to other licensing requirements that may be necessary [i.e. Ascap, BMI]. Once membership has expired, you must discontinue their performance use unless one or more of the following occurs:
- Renew subscription
- Pay annual licensing fee, which are curently $19.95 per year, or
- Purchase the file(s) outright.
CYBERMIDIs may not be reproduced or distributed without express written permission from CYBERMIDI.com. This includes uploading to ANY INTERNET WEB PAGE or NEWSGROUP. CYBERMIDIs may not be reproduced in any manner, including MP3s, Karoakes, Ringtones, etc. Doing so is an infringement of our intellectual rights which provide for servere legal actions against the offender. You are also advised to ensure that any directory you place the files in is excluded from file-sharing programs such as Bearshare, Gnutella, etc. Not doing this may allow someone to gain access to the file from your computer, holding you responsible. You will not authorize anyone to copy any or all of the work, or any written material accompanying the work. You may not sell, rent, or lease the material. Please be advised that we do ocassionally make MIDIs available for such use as a marketing tool, however there are strict terms and conditions. We may also license for other online or offline needs. Write to licensing@cybermidi.com for more information.
Any violation of these terms may result in immediate account termination, and where appropriate, civil liability.
You are permitted to modify a MIDI (key's, tempo changes, instruments, and other edits) for purposes necessary to prepare them for personal or public performance by the licensed user. For a nominal fee, CYBERMIDI.COM can customize the MIDI to the user's personal needs. CYBERMIDI.COM will make every effort possible to insure customer satisfaction with the final product. This may include re-editing the work one or more times. There are no extra costs involved. CYBERMIDI.COM does not provide the equipment necessary to play the MIDI files, nor provides technical support in the operation of a particular device.
All CYBERMIDIs are in GM (General MIDI) format for maximum compatibility. The user is free to make the necessary modifications for use on their own device. Membeship requires a 1 year miniumum. At signup the user is presented a choice of billing options. Depending on the billing terms you choose, CYBMERMIDI shall automatically collect payment on the due date. If credit card is denied, your account will be suspended and you will be notified. User has Seven (7) days to rectify the matter. If the situation is not corrected, CYBERMIDI will send a bill for the entire balance due on the account. Payment is due within 30 days. If payment is not recieved within that specific time, CYBERMIDI will mail a statement, and reserves the right to request the LARGER of the following: Remainder of Term balance, or a charge for each download at $6.99. each. Once payment is received, the account will be reinstated. Upon completion of 1 year, user will be automatically be rebilled unless notified no earlier than 30 days prior to end of 1st year or no later than 7 days after annual renewal. User may also choose another billing option at that point.
User may demo any file prior to downloading. Please be advised that since MIDI files are pure data, the sounds represented in the demo may not be the same as on your own computer or playback device.
III. SITE ACCESS
Membership grants you full access to the web site including free or discounted purchases. You are reminded to observe our bandwidth. Only one Download at a time is permitted. The use of download managers such as Get Right, GoZilla, etc are strictly prohibited. Since files are uploaded upon order, they are removed as soon as the order is completed. Download managers produce errors in our logs. Any such use is subject to suspension or termination of account. Any attempt at hacking, spamming other members, or other misconduct are not only causes for account termination, but legal action as well. We will protect and preserve our intellectual property rights and web site to the fullest extent of the law.
IV. REFUND POLICY
Due to the nature of computer files, once the user has accessed the membership section and transferred one or more of these files to their own computer, please be aware that membership fees are NON-refundable. Listening to a file is considered a "download" as the file is automatically sent to the user's temporary internet file directory, therefore access to the file has been obtained. Downloads are tracked by member logs. A full refund will be granted if no such files were accessed within 3 days (72 hours) of initial membership. In the case of CYBERMIDI CD's sent by mail, a full refund may be obtained if returned to us within 30 days in its original unopened shrink wrapped package. Our catalog structure and pricing is clearly stated. You are encouraged to view the catalog prior to subscribing. Absolutely no refunds will be granted on the basis that the catalog variety is not what was expected.
In the case of a renewal, refunds will only be granted from renewal date up to 7 days later. User may still cancel at that point, but the account will remain open until the specific term is completed. For similar reasons, no refunds are granted for CYBERMIDI Selects. CYBERMIDI will make every attempt to satisfy the customer. Please refer to Guarantee/Warranty section.
VI. PROMOTIONS
Occasionally, CYBERMIDI may offer special signup incentives such as promotions, free looks, money back guarantees, etc. CYBERMIDI tracks users activity on the web site. In the case of a quaranteed offer, any excessive or suspicious downloading activity may alter or void the terms of the offer. CYBERMIDI.COM will honor the agreement but reserves the right to recoup licensing and other costs, and to deduct access charges not exceeding $1 per download, and not exceeding the initial subscription fee. Once account has been terminated, user must certify that all previous downloads have been completely eliminated from their computer. CYBERMIDI may also offer a rebilling membership plan. Your credit card will be billed once per period at the current rate. Users must satisfy a 1 month minimum, after which membership may be terminated or exchanged for another membership option, or continued as it.
During your membership, should your credit card be denied, the account will be immediately suspended. If this should occur within the first year, you will receive a bill via postal mail. Payment is due within 14 days of that bill. In order for reinstatement of account, an additional 2 months of charges must be remitted. If payment is not recieved, user will receive a bill for either the remainder of the term, or will be charged per each download that has occurred at a rate of $6.99 each.
VII. SECURITY
CYBERMIDI.COM pledges to abide by certain principles regarding the personal data that you provide to us. For more information, please refer to our privacy statement. Bank information provided on and via the site for the purpose of electronic payment is confidential. CYBERMIDI.COM pledges to use the necessary and adequate means to prevent any intrusion and fraudulous use by third parties, particularly hacking, cracking, and bombing. Despite these efforts, CYBERMIDI.COM cannot guarantee your full security in terms of maintaining the confidentiality of your personal data.
VIII CYBERMIDI EXPRESS MEMBERSHIP [Optional]
Members are offerred a membership uprade called CYBERMIDI Express. This special class membership entitles user access to a restricted area for enhanced downloading. Express members will also recieve via email, each new MIDI release before made available to the public. Memberships automatically renew unless are cancelled by the user. If a base membership is cancelled, CYBERMIDI Express membership will continue until the end of the billing period and then automatically expire, however user will no longer gain access to the web site, but will continue to recieve new MIDI emails. If normal membership continues, Express membership will also be renewed automatically, unless CYBERMIDI recieves instructions to cancel. Any cancellations revieved will be effective on the day of the month that subscription took place. For example, if the user subscribed on 1/15, and cancelled on 7/11, any cancellation would be effective on 7/15.
IX. CYBERMIDI.COM and PARTNERS
The Web Sites outside of CYBERMIDI.COM and to which CYBERMIDI.COM is connected to by hypertext links are the sole responsibility of their owner. CYBERMIDI.COM has not control over these sites and subsequently assumes no liability. You alone are responsible for the decisiion to visit these linked sites and for any consequences therein. CYBERMIDI.COM is not responsible for the advertising broadcast on its site.
X. CHANGES
CYBERMIDI.COM is free to make any change or correction to its site at any time. CYBERMIDI.COM reserves the right to momentarily suspend its service for maintenance.
XI. CYBERMIDI.COM's LIABILITY
CYBERMIDI.COM pledges to obey the essential rules of Netiquette. You pledge to respect these rules when you use the CYBERMIDI.COM site. Any information broadcast on the site is the full responsibility of its authors, not of CYBERMIDI.COM. In particular, CYBERMIDI.COM is not responsible for any errors and omissions that may appear on its site; more generally, CYBERMIDI.COM shall not be held liable for any type of damage, whether direct or indirect, material, moral, or financial, relative to the elements of the site. These conditions of use are governed, interpreted and applied in line with the law of the United States of America, without prejudice to each country's own rules relating to the conflict of laws and jurisdiction. Any litigation related to the validity, interpretation, execution and/or the termination of these conditions of use and the consequences of this termination, is at the competence of the Tribunals of New York, United States of America.
XII. GUARANTEE / WARRANTY
The Customer agrees to provide the CYBERMIDI.COM Company correct and pertinent information regarding his identity, address, and bank data, the country in which he is requesting to obtain the Files, and any other related information. Should the Customer fail to fulfill this obligation, CYBERMIDI.COM reserves the right to terminate the agreement binding it to the Customer. Should this occur, CYBERMIDI.COM agrees to inform the Customer of termination by e-mail as soon as possible. CYBERMIDI.COM guarantees to the Customer that the MIDI Files shall comply with the terms of the Order. If the Files do not comply, CYBERMIDI.COM agrees to remedy the problem with the delivery of File downloads that comply with the Order. Each CYBERMIDI has a satisfaction guarantee. If the user is not satisfied with the product, CYBERMIDI will make a reasonable attempt to provide satisfaction to the customer. If that is not possible, CYBERMIDI shall offer 1 (one) replacement. Non-members will receive a replacement from either the CYBERMIDI or CYBERMIDI Select catalog, while members will receive a replacement from the CYBERMIDI Select catalog. This warranty is provided at the sole discretion of CYBERMIDI.com, and CYBERMIDI.com reserves the right of refusal if deemed that the demand is unreasonable or excessive.
XIII. LIMITATIONS OF LIABILITY
IN NO CASE SHALL CYBERMIDI.COM BE HELD LIABLE FOR ANY INDIRECT DAMAGE OR LOSS OF INCOME OR PROFIT CAUSED BY IT. UNDER NO CIRCUMSTANCES SHALL CYBERMIDI.COM'S LIABILITY EXCEED THE AMOUNT OF THE ORDER PLACED BY THE CUSTOMER WITH CYBERMIDI.COM IN EXCHANGE FOR THE ORDER. CYBERMIDI.COM DOES NOT PROVIDE THE SOFTWARE NECESSARY TO USE THE FILES. CYBERMIDI.COM IS IN NO WAY LIABLE TO THE CUSTOMER FOR ERRORS IN THE INFORMATION RELATIVE TO THE WORKS WHICH APPEAR IN THE FILES. IN NO CASE SHALL THE LIABILITY OF CYBERMIDI.COM EXCEED THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER. CYBERMIDI.COM NOTES THAT SOME LEGISLATIONS MAY CONSIDER THE AFOREMENTIONED LIMITATIONS OF LIABILITY INEFFECTIVE AGAINST CUSTOMERS.
