Terms of Use & Privacy Policy
Below you will find both my Terms of Use and Privacy Policy for my website. Please read both carefully, and do not hesitate to send me a message via my Contact Form if you have any questions that aren't covered by the information below or if you need more clarification on certain things.
Privacy Policy
My site's privacy policy is below. Please read it thoroughly.
Collection of Information
As of now, I do not collect personal information, except that which you voluntarily provide when you make a purchase (using PayPal or other payment method), or when you contact me via the "Contact" page, or in the event you wish to qualify for educational pricing (see "Education Pricing"). Because this site uses a third party for payments (PayPal), I urge you to read PayPal's Privacy Policy for additional details on what information they collect. I will only have access to information that PayPal gives me in this context.
This site is set up using Wix. As such, there is every possibility that cookies may be involved. I therefore disclaim and deny any responsibility over what Wix may or may not do when you are visiting my site. To that end, I am including Wix's Privacy Policy clause on the matter:
"In addition, we or our third party partners may collect and store certain information from your browser using "cookies." A cookie is a piece of data (a small file, with typical content of letters and numbers) stored or downloaded on a user's computer or other device that can be tied to information about the browser’s activities on our website. Our cookies allow us to provide certain features of Wix. For example, among other things, we use cookies to keep track of your preferences, conduct support and debugging, understand the duration of user’s session, authenticated session for our Answers system, save from which country users are using the Website, including for E-commerce applications and mobile editors, and to estimate and report our total audience size and traffic. Wix also uses cookies to improve the content and services it provides to its users. By default, we use a persistent cookie that stores your login ID and password to make it easier for you to login when you come back to Wix.
If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.. Information on deleting or controlling cookies is also available at www.AboutCookie.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website.
We or our third party advertising partners may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us improve our site, for example to better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our customers’ personal information if you choose to provide such information to us.
We use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Third parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, also use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of data, type of data, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn about privacy and storage settings for Flash cookies that may be available, you can click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118. Please note that Wix does not provide this information and is not responsible for its accuracy.
Our third-party partners may have their own policies regarding how they collect and store information through the technologies discussed above. Specifically, the use of cookies by our tracking utility company is not covered by our privacy policy and we do not have access or control over these cookies."
Education Pricing
Verifiable proof must be submitted before you can qualify for educational pricing. Acceptable proof includes an email from a .edu address, a picture of a student ID (or in the case of a teacher, Faculty ID), a class schedule, letter of enrollment, institutional business card (for staff members), or a regisration receipt. This information is collected and held for a period of 3 weeks after receipt, at which time it is deleted. Because of this, proof is required each time education pricing is sought.
Since no one under high school age is allowed educational pricing, no child (under the age of 13) will have their information collected for this purpose. High school students, if under the age of majority in their respective country, must submit proof of parental consent in addition to their academic proof. Parental consent in this context means that the parent gives permission for the educational proof to be submitted. Again, this information will be retained for 3 weeks before being deleted. If parental consent is not granted, then the request for academic pricing is denied and the academic documentation deleted immediately upon receipt.
Disclaimer Regarding Information Collection/Distribution
In the event that personal information is collected, I reserve the right to disclose your personally identifying information when legally required and when the information is relevant for the protection of my rights, including but not limited to compliance to a legal process or court order served to me or my website. This includes but is not limited to invoices and receipts of your purchases.
Sharing Your Information and Content with Third Parties
I will not share your information with any Third Parties except as expressly stated above. I respect your privacy perhaps more than I respect/value my own. However, I am, as I have stated before, not responsible for any information PayPal or Wix will collect while you are visiting my site.
Other Links
My website contains links to other websites. I am not responsible for the privacy practices of other web sites. I would encourage you to be aware when they leave our site to read the privacy statements of each and every web site that collects personal information. This Privacy Policy does not apply to such linked third-party websites. The links are provided on this website "as is" and "as available" and are subject to change.
Do Not Track Requests
While I would love to honor these, it would appear that Wix and Paypal both do not. Therefore, I cannot, for I have no power over the matter.
Minors Including Children Under 13
As a composer, I acknowledge the possibility that children will seek to commission music for their YouTube channels, purchase music directly (in the form of a score, or otherwise), or otherwise contact me. In compliance with the Children's Online Privacy Protection Act (COPPA), children under 13 wishing to make such a purchase must first secure verifiable parental permission. The child or the parent (on behalf of the child) must provide written confirmation that it was indeed authorized.
It is recommended that any business (or the financial aspect of it) that needs to be taken care of is done by a parent or guardian in the first place so the work may be completed in a timely manner. It is also recommended that a parent reviews this Privacy Policy with their child before making any purchase.
For more on COPPA, visit: http://www.coppa.org/comply.htm
Scope and Consent
You accept this Privacy Policy when you access, or utilize my products, services, content, features, technologies or functions offered on my website and all related sites, applications, and services . We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. Any revisions will be provided on the "Terms of Use & Privacy Policy" page of my website. If you continue to use my site for whatever reason after the change, you will be considered as having expressly consented to all amendments to this policy.
Terms of Use
This describes what you, the User, can and cannot do on my site and/or my products sold on it.
Definitions
This acts as an agreement between me, Bill Fitzgibbons ("Composer") and the user ("You/Your"). Compositions, whatever the form, shall be referred to as "Services."
Copyright/Money
All the content of this website, including its text and documents, past, present, and future, are under copyright. Selling what you have purchased for money or any other perk is strictly prohibited. You are, however, permitted to make copies of the music for your ensemble's members, as an extension of "Fair Use." Although you may not make money on the music itself, you are allowed to charge for its performance (i.e. at a concert) without fear or penalty.
You also acknowledge that the Composer retains the rights to his music even after purchase and can use it for other purposes he should deem fit.
YouTube and Monetization Policy
This clause only applies to music you expressly purchase for the purpose of YouTube videos. You are permitted to use the music you purchased in your YouTube videos. You are also allowed to monetize your videos that have the Composer's music in them, provided you link back to this site. Failure to do so will result in a copyright notice being issued.
Redistribution
Redistribution is prohibited unless arrangements with the composer are made.
Legal Disclaimers
All products on and affiliated with this website shall not be used by any entity for the purpose of promoting or participating in any illegal activities, including but not limited to the following: hacking, cracking, malicious computer crime or fraud.
Composer also will not be held responsible for any direct, indirect, incidental, special, exemplary or consequential damages of any kind whatsoever as a result of, or relating to, the use of this website, other websites or resources linked to or accessed through this website. Furthermore, the Composer will not be liable for any and all claims, liabilities, losses, business interruption, loss of program or other data, cost and expenses (including lawyers' fees on a solicitor and client basis) resulting from the use or purchase of any and all materials found on our website (see "Arrangements").
Use of Site/Purchases By Minors
Please see the Privacy Policy for more information.
Arrangements
Making arrangements of existing music is a difficult job, and there are many gray areas from a legal standpoint as far as where and how it can be performed. By commissioning an arrangement from the Composer, whatever it may be, you acknowledge and accept any and all responsibility and/or consequences that may potentially result in using said arrangement. If you think there might be a problem (for instance, if you are affiliated with a school and want to know whether or not something is legal to perform), it is recommended you contact a lawyer beforehand. The Composer is not responsible for any legal challenges you face as a result of using the arrangement you commissioned. This is an extension of the previous clause.
Requests for Revisions
If you're paying hourly, there's no additional cost for altering the music, since after all, you're paying hourly. If you paid a flat rate, you are allowed two adjustments for FREE. If after that you are not satisfied and require more revisions, a fee of 25% of the flat rate will be added onto your total for each revision. For example, if you paid $20.00 for a YouTube intro, and you requested a total of 4 revisions, your final total would be $30.00 ($20 + $5 + $5).
Requests for revisions should be submitted in writing using the Contact Form with the name of your project and the word "Revision" in the subject line. Be specific with what you want changed and be as detailed as you can. The more clearly you can articulate what you want, the fewer revisions will be needed.
Duration of Project
The time needed to complete a project is based on a variety of factors including (but not limited to) workload, the size of the request, the equipment, or unforeseen complication. As far as an hourly rate is concerned, you will not be charged for things outside the Composer's or your control. However, estimates are subject to change and are not considered binding. The actual cost may be more or even less than the initial estimate.
Payment
The Composer reserves the right to change the prices for his Services at any given time, but the Composer cannot change the prices at all in the middle of a project you had just commissioned. As far as the matter of payment is concerned, you agree that, upon final presentation of the invoice, you agree to pay the full amount as charged
To be more specific, for orders regarding the purchase of scores, payment is due in full at the time of purchase just like you would experience at Amazon or any other online retailer. For commissioned music (as in, music that does not already exist), and especially for bigger projects, you should email first using the contact form. The Composer realizes bigger projects bigger projects can reach totals higher than originally anticipated by the buyer and the total cost may be larger than the buyer can afford. Payment plans may be an option, but the final decision if a payment plan is an option is at the discretion of the Composer.
Failure to pay the required amount may result in your debt being sent to collections.
Educational Discounts
Discounts for commissioned scores and other high-cost projects are offered to students and teachers with proof. More specifically, the following groups of people who can qualify for an educational discount:
- High School Students (must be current members in Band, Orchestra, or Choir)
- College/University Students (majoring in Music Education, Music Performance, or Film Production)
- Music Teachers (Band, Orchestra, Choir, and/or General Music) - All Grades.
Verifiable proof must be submitted before you can qualify for educational pricing. Acceptable proof includes an email from a .edu address, a legible picture of a student ID (or in the case of a teacher, Faculty ID), a class schedule, letter of enrollment, institutional business card (for staff members), or a registration receipt.
At this time, home schooled students do not qualify for academic discounts.
Agreement
If you do not agree to the terms above, please do not use this website. Furthermore, violations of the terms of use are also considered a breach of my intellectual property rights as well as my copyrighted materials.
I have the right to revise the Terms of Use as well as anything else on this website at any time without prior notice.