Privacy Policy for sandylynchmusic.com
Effective date: 25 August 2025
1. Introduction – These Terms and Conditions govern your use of the website sandylynchmusic.com (the “Site”) and your purchase of digital sheet music downloads (the “Digital Content”) from Music Creations Limited, a company (the “Company”) incorporated in New Zealand. – By accessing or using the Site, you agree to be bound by these Terms and Conditions. If you do not agree, do not use the Site.
2. Definitions – “Content” means all text, images, audio, video, and other material on the Site. – “Digital Content” means the downloadable piano sheet music files you purchase from the Site. – “You” means the user or purchaser of Digital Content.
3. Acceptance and Changes to Terms – By creating an account, placing an order, or downloading Digital Content, you acknowledge and accept these Terms. – The Company may update or modify these Terms from time to time. Updated Terms take effect when posted on the Site. Your continued use of the Site after changes constitutes your acceptance of the updated Terms.
4. About the Site and Services – The Site offers Digital Content for digital download. The Company may, from time to time, add or remove products, features, or services.
5. Intellectual Property – All Intellectual Property Rights in the Site and its Content are owned by the Company or its licensors. This includes but is not limited to the Digital Content itself. – You are granted a non-exclusive, non-transferable license to use the Digital Content for personal, non-commercial use, subject to these Terms.
6. License to Use Digital Content – Upon payment of the applicable price, you receive a non-exclusive, non-transferable license to download and use the Digital Content for personal purposes only. – You may not reproduce, distribute, sublicense, resell, publish, adapt, or create derivative works from the Digital Content for commercial purposes or for resale, without prior written consent from the Company. – You may not remove or alter any copyright notices or other proprietary notices on the Digital Content.
7. Pricing and Payments – Prices for Digital Content are displayed on the Site and may change without notice, but changes will not affect orders for which payment has already been completed. – Payments are processed through the Site’s approved payment processors. The Company does not store or access your full payment card details.
8. Delivery of Digital Content – After successful payment, you will be provided a download link or access to the Digital Content in your account, as applicable. – Download availability, file formats, and any restrictions will be stated at the time of purchase. – If you experience a failed download or corrupted file, contact the Company using the contact details provided on the Site. The Company may offer a replacement file or alternative access, subject to verification.
9. Returns, Refunds, and Cancellations – Digital Content is non-refundable by default due to the nature of digital downloads. – The Company will offer a remedy only where required by applicable consumer protection laws (e.g., if the Digital Content is defective or not as described). In such cases, the remedy may include a replacement file or other remedy at the Company’s discretion. – Requests for refunds or cancellations that do not fall under applicable law will be declined.
10. Intellectual Property Infringement – If you believe your rights or the rights of a legitimate holder are being infringed by content on the Site, please notify the Company with sufficient information to evaluate the claim. The Company will review and take appropriate action in accordance with applicable law.
11. User Content and Submissions – If you upload or submit any content to the Site (e.g., feedback, reviews), you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display that content in connection with the Site and Company’s business. – You agree not to submit content that is unlawful, defamatory, infringing, or harmful.
12. Prohibited Conduct – You must not: (a) use the Site in a way that interferes with or harms the Site or others; (b) attempt to gain unauthorized access; (c) copy, reproduce, or distribute the Digital Content outside the terms of the license; (d) use the Digital Content for commercial purposes without permission; (e) upload or distribute malware or other harmful content.
13. Privacy – Your use of the Site is also governed by the Company’s Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your information as described therein.
14. Warranties and Disclaimers – The Site, Digital Content, and services are provided on an “as is” and “as available” basis without warranties of any kind. – To the maximum extent permitted by law, the Company disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
15. Limitation of Liability – The Company’s liability arising out of or in connection with these Terms is limited to the amount paid for the Digital Content in the preceding 12 months. – In no event will the Company be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages. – Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
16. Indemnity – You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from your use of the Site or violation of these Terms.
17. Termination – The Company may suspend or terminate your access to the Site at any time for any reason, including violation of these Terms.
18. Governing Law and Jurisdiction – These Terms are governed by the laws of New Zealand. – Any disputes arising out of these Terms or your use of the Site will be resolved in the courts of New Zealand, subject to any mandatory law requirements.
19. Third-Party Content and Services – The Site may contain links to third-party websites or services. The Company has no control over and is not responsible for third-party content, services, or privacy practices.
20. Intellectual Property Notices – All rights not expressly granted herein are reserved by the Company and its licensors.
21. Contact Information – For questions about these Terms, contact: – Email: info@music-creations.co.nz
22. Entire Agreement; Severability – These Terms constitute the entire agreement between you and the Company regarding the Site and Digital Content and supersede all prior agreements. – If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
