Scope of Terms and Conditions
These terms and conditions apply to your use of this website, which is owned and operated by Tams-Witmark Music Library, Inc. (“Tams-Witmark”) and any other site that we may own or operate in the future (collectively, the “Tams-Witmark Sites”). Unless otherwise stated, these terms and conditions do not apply to your use of any affiliated or unaffiliated third-party sites to which any of the Tams-Witmark Sites may link, including, but not limited to, any social networking web sites on which Tams-Witmark posts content.
Restrictions on Use of Materials
The contents of the Tams-Witmark Sites are protected by copyright and trademark laws and are the copyrighted property of Tams-Witmark and/or any third-party owners. All trademarks, logos, service marks and trade names are proprietary to Tams-Witmark and/or any third-party owners. The contents are intended for the use of persons and organizations that are interested in presenting for live stage performance one or more of the shows listed on the Tams-Witmark Sites. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents, images, information or other content from the Tams-Witmark Sites in any form or by any means without prior written permission from us. To seek our permission, please write to us at the following address: Tams-Witmark Music Library, Inc., 560 Lexington Avenue, New York, New York 10022. You may also be required to obtain permission from third parties owning or holding an interest in certain content. If permission is granted by us and by all other third parties owning or holding such an interest, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained in any of the Tams-Witmark Sites.
In no event may you change or delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership or other rights in that material. Except as stated above, without our prior written consent you may not otherwise modify, copy, publish, display, transmit (either electronically, mechanically, by photocopying, by recording device or otherwise), adapt or in any way exploit the content of the Tams-Witmark Sites. Tams-Witmark does not warrant or represent that your use of materials displayed on, or obtained through this site will not infringe the rights of third parties.
Some services offered on the Tams-Witmark Sites, including but not limited to, the granting of performance licenses and the renting of physical materials associated with such performances, are limited to authorized users approved by Tams-Witmark. To obtain such authorization and approval an application may be required and Tams-Witmark reserves the right to deny such applications at our sole discretion.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Tams-Witmark Sites believes its copyright, trademark or other property rights have been infringed by a posting on the Tams-Witmark Sites, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Aec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below:
Tams-Witmark Music Library, Inc
560 Lexington Avenue, New York, New York
Tams-Witmark is not responsible for the availability of any third-party site to which any of the Tams-Witmark Sites links. We do not endorse, control or take responsibility for the contents, advertising, products or other materials made available through any third-party site. With respect to any other content, goods or services available on any third-party site, under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any such materials. You should direct any concerns to that third-party site’s administrator or webmaster.
Disclaimer of Warranties and Liabilities
The materials on the Tams-Witmark Sites are provided “as is” and without warranties of any kind, either express or implied. Tams-Witmark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Tams-Witmark nor any person or entity involved in the creation, production, and distribution of the Tams-Witmark Sites warrants that the functions and/or content contained in the Tams-Witmark Sites will be uninterrupted or error-free, that defects will be corrected, or that Tams-Witmark or the server that makes them available are free of viruses or other harmful components. Tams-Witmark does not warrant or make any representations regarding the use or the results of the use of the materials in the Tams-Witmark Sites in terms of their correctness, accuracy, reliability, or otherwise. You expressly agree that use of the Tams-Witmark Sites is at your sole risk. You expressly agree that neither Tams-Witmark, nor any of its respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of the Tams-Witmark Sites are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of the Tams-Witmark Sites. By way of example, and without limiting the generality of the foregoing, Tams-Witmark and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Tams-Witmark Sites. You expressly acknowledge and agree that Tams-Witmark is not liable or responsible for any defamatory, offensive or illegal conduct of other users or third parties.
You agree to indemnify, defend and hold harmless, Tams-Witmark, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Conditions of Use.
This site is controlled and operated by Tams-Witmark from its offices within the State of New York, United States of America. The Tams-Witmark Sites are accessible from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the Tams-Witmark Sites you agree that the statutes and laws of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Tams-Witmark Sites and the services and products obtained through the use of the Tams-Witmark Sites. Tams-Witmark makes no representation that materials in the Tams-Witmark Sites are appropriate or available for use in other locations. Those who choose to access the Tams-Witmark Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in the County of New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Tams-Witmark relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to us at the following address: Tams-Witmark Music Library, Inc., 560 Lexington Avenue, New York, New York 10022.