POLICIES AT MELISMA

The following policies set out the terms and conditions under which ‘melisma.mt’ (hereinafter referred to as the ‘Platform’) offers you access to and use of its services.

The Platform is a marketplace that allows composers/licensor to offer for licensing performance rights on musical pieces (unless otherwise indicated in the description accompanying the relevant musical pieces, in which case the rights being licensed shall be limited to the rights as described in the said description). A PDF shall be provided for every piece on which rights are acquired.

The Platform Provider undertakes to make the PDF of the musical piece available to the acquirer within 24 hours from the time on which the relevant acquisition price hits the Platform Provider’s bank account. Once the PDF has been provided to the acquirer, the Platform Provider is released from any obligation to provide additional copies of the same musical piece to the same acquirer in the future.

The Platform Provider
 

The owner of the Platform is Mr. Daniel Vella, holder of Maltese ID Card No: 522885M and residing at 13, Flat 8, Girgenti Court, Triq id-Demnuq, Malta, (hereinafter referred to as the ‘Platform Provider’).
 

The person you are contracting with is not the Platform Provider, but the composer/licensor of the relevant musical piece. The actual licensing agreement is directly between the composer/licensor and the acquirer. The Platform Provider is not a party to the transaction, and is not a seller or licensor. This is so since the role of the Platform is merely to facilitate an acquisition or licensing transaction. The Platform is not a counterparty to the said transaction. By making use of the Platform you are acknowledging the fact that your only counterparty is the composer/licensor, rather than the Platform Provider. Therefore, any claims, complaints, or any other causes of action which you may have, are to be directed to the composer/licensor.

In order to help you better choose the musical piece that is most suited to your requirements, we have provided a grading system. This should guide you and assist you in making your choice.

Any guidance which the Platform Provider may provide is solely informational and you may decide to follow it or not.

While the Platform Provider may help facilitate the resolution of disputes between the composer/licensor and the acquirer, the Platform Provider has no control over and does not guarantee any particular outcome, neither the quality or legality of the musical pieces advertised, neither the ability of composers/licensor to license musical pieces, nor that a composer/licensor will actually complete a transaction.

Conditions of Use

You acknowledge and expressly agree that:
 

  1. you may not use the Platform if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are a person with whom transactions are prohibited under economic or trade sanctions;
     

  2. you are making use of the Platform at your own risk, and that you are aware that the Platform is being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, the Platform Provider excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability and fitness for a particular purpose;
     

  3. you will not infringe the copyright, moral rights and/or other intellectual property rights that belong to or are licensed to the composer/licensor and/or the Platform Provider;
     

  4. in certain cases, the description accompanying the relevant musical pieces will exclude the grant of any performance rights. In such cases, you will be breaching the relevant intellectual property rights if you perform the musical pieces without the prior written permission of the holder of the said rights. You undertake not to commit any such breach, and you also undertake to only use the musical pieces strictly within the parameters of any limitations as described in the relevant description;
     

  5. when acquiring rights over a musical piece which is intended for performance, rehearsing, or even to be kept by a Maltese Wind Band, it is your responsibility to make sure that the rights on the musical piece are eligible for acquisition for, or that the musical piece can be performed or kept by, that particular Maltese Wind Band. You must contact the composer or the Platform Provider before the acquisition. The Platform Provider will not pay any refund or other damages once the rights over a musical piece have been acquired. In the same manner, the composer will not be liable for any refund or to pay any damages;
     

  6. the acquisition of a score (without the acquisition of the corresponding parts) does not entail the acquisition of any performance rights over the musical piece. In such case, you only acquire the right to use the musical piece for pleasure, research, studying and analysis purposes;
     

  7. rights over scores are acquired on an ‘as is’ basis, and any arrangement/adaptation of the relevant work needs to be covered by written permission from the composer/licensor;
     

  8. the Platform Provider assumes no liability for any breaches of intellectual property in relation to any musical piece/s listed;
     

  9. the composer reserves all moral rights in the musical piece. In case you would like to change the name of the musical piece, you can only do so with the prior written consent of the composer;
     

  10. your personal data may be processed as might be necessary in order to execute any acquisition order in relation to one or more musical pieces. Such consent shall extend to any ancillary or related matters;
     

  11. although the Platform tries to offer reliable product data, it cannot promise that the content provided will always be available, accurate, complete, and up-to-date. You agree that the Platform Provider is not responsible for examining or warranting the listings or content provided by third parties through his services, and that you will not attempt to hold the Platform Provider liable for inaccuracies;
     

  12. the Platform Provider is not in a position to guarantee the continuous operation of or access to the Platform;
     

  13. to the extent permitted by applicable law, in no event will the Platform Provider be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded, whether or not they were foreseeable or the Platform Provider was advised of such damages or losses;
     

  14. the Platform Provider is not liable or responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
     

  15. the acquisition of the performance rights on any musical piece/s (this rests on the understanding that in certain cases, the description accompanying the relevant musical pieces may exclude the grant of any performance rights);
     

  16. your use of or your inability to use our services;
     

  17. delays or disruptions in our services;
     

  18. viruses or other malicious software obtained by accessing or linking to our services;
     

  19. glitches, bugs, errors, or inaccuracies of any kind in our services;
     

  20. the content, actions, or inactions of third parties;
     

  21. a suspension or other action taken with respect to the services.
     

  22. if you have a dispute with any composer/licensor, you release the Platform Provider from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes;
     

  23. the Platform Provider might decide to put the Platform down at any time;
     

  24. since the performance of the relevant transaction has begun with your prior express consent, you are aware and expressly confirm that you will have no right of withdrawal from any acquisition transaction which you conduct of the Platform. This is so since the service on the Platform consists in the supply of digital content which is not supplied on a tangible medium. Therefore you may not ask for any return of funds or request any cancellations on any order made after payment has hit the bank account of the Platform Provider;
     

  25. in the case of musical pieces already in the possession of Maltese band clubs, these musical pieces may be burdened by exclusivity rights granted by the composer to the relevant band club. The Platform Provider assumes no liability or responsibility whatsoever in this regard;
     

  26. the Platform Provider shall be free to share your contact details and any other personal information as necessary with the composer/licensor. 
     

Discount Plans

In those cases where the Platform provides for discount plans, the Platform Provider may operate a voucher system to administer those plans. The Platform Provider will typically provide you with a voucher code via email. In order to avail yourself of the relevant discount, the voucher code will need to be used for every acquisition made on the Platform.

Once you have acquired a discount plan, no refunds will be given, even if no acquisitions are made.

You shall be responsible for the safekeeping of the voucher code. If this is lost or misplaced, the Platform Provider shall be under no obligation to issue a new voucher code.

Depending on the discount plan acquired, the voucher code will have an expiry date which starts to run from the day of delivery.

Nothing in this section shall be interpreted as imposing any obligation whatsoever on the Platform Provider to actually offer any discount plans, by whatever name they may be called.

Amendments to Store Policies

The Platform Provider reserves the right to amend these Policies at any time by posting the amended terms on this website. Your continued access or use of our services constitutes your acceptance of the amended terms.