Site Maintenance and Repairs in Progress

During this time, customers are unable to purchase physical products. Digital products are available for purchase. Please leave any physical products you are interested in purchasing in your cart.

We plan to have this completed on or before Tuesday, January 28, 2020. Please check back for an update. Thank you for your patience.

The Leading Publisher of Jewish Music Since 1938

 

Last updated on June 15, 2017

TERMS OF USE

 

Please read these Terms of Use (the “Terms”) carefully before using this website, operated by Transcontinental Music Publications (a division of the American Conference of Cantors) (“TMP”).

Introduction: 

Your access to and use of this website is conditioned upon your acceptance of and compliance with Terms. These Terms apply to all visitors, users and others who access or use this website.By accessing or using this website, you (individually and on behalf of any organization you represent) agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access this website and may not register for business transactions (for example, without limitation, licensing transactions). You (individually and on behalf of any organization you represent) represent and agree that (1) you have had the opportunity to review these Terms, (2) your use of this website will be governed by these Terms, (3) you have had the opportunity to review our Privacy Policy at Transcontinental Music.com, (4) TMP may from time to time change, add or delete any content, style, functionality, accessibility, appearance or use of this website and its features, with or without notice, and (5) TMP may from time to time change or amend these Terms at its sole discretion. The date of TMP’s last update of these Terms appears in the upper right portion of this page.

 

Use of website information:

Subject to your full compliance with these Terms, TMP grants you a non-exclusive, nontransferable, revocable, non-sublicensable, limited license (“License”) to access and make use of (view, copy, print) the information and documents (collectively, the “Information”) available on this website.

You may use the Information on this website solely as provided in these Terms and solely for personal, informational, non-commercial purposes. You acknowledge that you don’t acquire any ownership or intellectual property rights by using this website and using or accessing the Information therein.

You may not modify, edit or alter the Information on this website in any way. The following copyright notice and permission must appear in each piece of Information: “Copyright © 2017, Transcontinental Music Publications (ASCAP). All Rights Reserved.” TMP reserves the right to revoke, terminate or limit your License and/or your access to this website at any time, including without limitation for any breach of these Terms, with or without notice. In such event, your access to this website and your use of the Information therein shall be immediately discontinued.

This limited License shall in no way be deemed to grant you any right or license in or to any musical composition available for licensing through this website.You may need to register within this website in order to access the licensing or purchasing facility. If you register on this website, you agree to use your user name and password only to conduct business on your own behalf or on behalf of the organization you represent. You will not transfer, assign or sell your user name or password and you are solely responsible for protecting your user name, password and account. By accessing and conducting transactions on this website, you are representing that you have full right and authority to enter into the transactions and to enter into binding licensing or purchasing transactions for yourself or for any organization you represent. This website is not intended for, and should not be accessed by, minors. You must be at least the age of majority to register on this website.

 

Purchasing or licensing transactions.

There is an opportunity on this website to conduct purchasing and/or licensing transactions. If you wish to make such a transaction, you will be asked by TMP to supply certain information applicable to your purchase. You understand that any such information will be treated by TMP in the manner described in our Privacy Policy. You agree to pay all charges incurred by you when such charges are incurred.

Third parties.

From time to time, TMP may engage third parties to assist TMP in managing certain functions associated with the website, such as processing payments or performing IT maintenance services. TMP makes no representations of any kind regarding the content on those third party websites and you hereby irrevocably waive any claim against TMP with regard to such websites.

Intellectual property, proprietary rights:

This website and its original content, features and functionality are owned by TMP and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge that these rights are valid and enforceable. 

Warranties and disclaimers:

This website and the Information therein are provided by TMP “As Is” and without any warranty or condition, express, implied or statutory. TMP expressly disclaims any implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, accuracy and any warranties that may arise from course of dealing, course of performance or use of trade. TMP does not warrant that use of the website will be uninterrupted, error-free or secure, or that the website or the servers on which the website is hosted are free of viruses or other harmful components. TMP also does not warrant that the Information will be error-free. The Information should not be relied on or construed as legal, accounting or other professional advice. In some cases, the copyright ownership information shown for a song may not reflect actual copyright ownership of the song or may no longer be current. 

TMP shall not be liable for any loss, injury, claim or damage of any kind resulting in any way from (1) any errors or omissions in the content of the Information, (2) the unavailability of this website or the Information, (3) any damage to a computer system or loss of data in connection with the use of this website, or (4) any loss or misuse of a user name and or password. 

TMP shall not be liable for any special, indirect, incidental or consequential damages of any kind (including, without limitation, reasonable attorneys’ fees), whether or not TMP is advised of the possibility of damage, arising out of or in connection with the use or performance of this website and of the Information.

 

General terms, jurisdiction, choice of law:

If any provision of these Terms is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of these Terms, and the part(s) of these Terms so held to be invalid, unenforceable or void shall be deemed stricken, and these Terms will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of these Terms shall have the same force and effect as if such part or parts had never been included TMP shall have the right to assign or license or sub-license the whole or any part of the benefit of these Terms and TMP’s rights thereunder. These Terms are personal to you and you may not assign or license or sub-license the whole or any part of the benefit of these Terms and your rights thereunder except with the prior written consent of TMP. 

These Terms, in combination with TMP’s Privacy Policy and any other additional terms or conditions set forth in connection with specific services or features made available through this website, which are incorporated herein by reference, collectively constitutes the entire agreement between the parties and supersedes all prior agreements, understandings and proposals (whether written or oral) in respect to the matters specified. No agreement or understanding which alters or extends the meaning of these Terms shall be binding unless in writing and signed by the parties hereto. 

No waiver by either party hereto of any breach of any warranty, covenant or provision of these Terms shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other warranty, covenant or provision.Nothing in these Terms is intended or shall be construed as creating a joint venture, agency or fiduciary relationship between the parties and each of them acknowledges that their relationship hereunder will be solely as arm's-length independent contractors.

These Terms shall be governed by and interpreted according to the laws of the State of Illinois without regards to the conflict of laws principles which would result in the application of the law of any jurisdiction. Any dispute, controversy or claim arising out of or relating to these Terms or breach thereof shall be finally resolved by arbitration before the American Arbitration Association in Chicago, Illinois in accordance with its rules and judgment confirming the Arbitrator’s award may be entered in any court of competent jurisdiction. 

By accessing or using this website, you (individually and on behalf of any organization you represent) accept these Terms and agree to be bound by these Terms. You acknowledge that you have had an opportunity to review these Terms. TMP may amend these Terms from time to ime by notifying you by any reasonable means, including without limitation, by posting the amended Terms on the website and you having access to the website.