This Terms of Service (the “Agreement”) is an agreement between Taphaus Music (unincorporated) doing business as The Write Score (“TWS”, “us”, “we”, or “our”) and the end user (“User”, “you”, “your”). The term “product” refers to any and all ZIP packages and its contents that TWS has made available for download.
By using any part of our site, or any part of our products, you are agreeing to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement then do not use our site and destroy all copies of any products you have in your possession.
All of our downloadable products, whether paid or free, fall under and are subject to one of our licenses which can be found on the Licensing page.
TWS reserves all rights and ownerships of all content on our website. All customized materials (products) are the property of their respective authors/developers and ownership is maintained by them. You may not claim intellectual or exclusive ownership to any of our available content or products, modified or unmodified. All content and products we offer for download are protected by United States Copyright and International Copyright laws.
You agree to indemnify and hold TWS, their managers, members, employees and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the product(s), our website and/or use of any third party licenses.
4. Return/Refund Policy
All fees are non-refundable. TWS does not issue refunds for products that are non-tangible downloadable goods. You are responsible for understanding this before purchasing any product from our site.
5. Backup Policy
Backup your files! The user is responsible for taking the necessary steps to prevent data loss.
Subscription to a newsletter from The Write Score is voluntary. By providing your email address, you are agreeing that TWS can send you important information about our products, offerings and events, including announcements of new releases. You may update your e-mail address or unsubscribe via web form at any time by using the links at the bottom of any newsletter.
If you fail to comply with any terms of this Agreement, your license is automatically terminated and you must then destroy all copies of the product(s) in your possession.
10. Other Provisions
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. TWS has the right to modify and update this Agreement at anytime at TWS’s sole discretion and without notice.
11. Limitation of Liability
In no event shall the maximum, cumulative liability of TWS relating in any manner to this Agreement, regardless of the type or nature of the claim(s), exceed the amounts paid to TWS by User for the products.
12. Governing Law
This Agreement shall be governed, construed and enforced in accordance with American common law. You agree that jurisdiction over and venue in any legal/lawful proceeding arising out of or relating to this Agreement shall be exclusively in a court of record located on Wichita, Kansas.
13. Limited Warranty
(a) TWS warrants that, if properly installed and operated on hardware and software for which it is designed, products will perform substantially in accordance with the instructions.
(b) User Remedies: At TWS’s sole discretion, your remedy shall be the replacement of the defective product package through additional download. To make a warranty claim, use our online form on our Contact page.
(c) This Limited Warranty is void if failure of the product(s) has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. In no event shall TWS be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products. This warranty allocates risks of product failure between User and The Write Score.
THERE ARE NO OTHER WARRANTIES. TWS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND ITS INSTRUCTIONS. TWS DOES NOT WARRANT THE PRODUCT TO WORK WITH 3RD PARTY PRODUCTS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION. TWS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS OR EMPLOYEES OF TWS ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF TWS. ADDITIONAL STATEMENTS SUCH AS ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY TWS AND MAY NOT BE RELIED UPON.