Terms of Agreement
The following describes the terms and conditions under which J. W. Pepper &
Son®, Inc. (Pepper) offers the My Score ™
music distribution system (My Score) to you, the composer, for your
use. By using the system, and by your acknowledgment by clicking the
1. Generally, My Score is offered by Pepper as a
means for you, the composer, to professionally print and distribute
your musical compositions.
2. You will pay the following
charges for your use and participation in the My Score program:
An initial non-refundable fee of ninety-nine U.S. dollars ($99).
3. You will provide, as portable document format files (PDF),
compositions legally available for conversion into the digital file
formats necessary for both online and hard-copy distribution. At no
extra cost to you, Pepper® will convert these files into formats
for distribution and make them available via traditional and/or
internet or other channels, as determined by Pepper®.
4. You agree to provide Pepper® with adequate source material in a
timely fashion to convert your compositions to required digital
formats. Pepper® will endeavor to convert your material as
promptly as practicable, but makes no specific commitments regarding
the time in which any will become available for purchase online via
5. You are solely responsible to proof-read all
compositions submitted, promptly after Pepper® advises you that
they have been converted and are ready for sale via My Score, and
advising Pepper® of errors. Pepper® will endeavor to make
corrections in accordance with your instructions, but will have no
responsibility for errors introduced by you or which you overlook or
fail to correct.
6. Pepper®'s sole responsibility in
regard to errors introduced by or through Pepper® or its systems
or processes shall be to make corrections in the works as available
for purchase, once you advise Pepper® of the error.
7. Pepper®, in its sole discretion, reserves the right to refuse or
remove any composition for any reasons it sees fit, including but not
limited to known, alleged, or suspected infringement,obscenity,
illegality, or incompatibility with Peppers®' reputation, and in
such cases, Pepper® may destroy any and all copies of such
materials within its control.
8. You are solely responsible
for marketing and advertising your compositions. Pepper® may
market your compositions further, as Pepper® may determine, but
is not obligated to do so beyond making them available for
distribution as described herein.
9. Pepper® will
distribute your compositions via digital or printed copy, collect
payment for them and remit an agreed upon portion of that payment to
you. The My Score program also includes warehousing of data files,
reporting of sales, development of web pages dedicated to My Score
composers and products as determined by Pepper®, distribution to
selected dealers, and sales to end user customers.
10. This agreement is non-exclusive. You may sell your compositions via any
other channel, to any customer, at any time, at any price you choose
in such other channels.
11. You are responsible for setting
the list price of your compositions sold via My Score provided they
meet the following minimum prices:
2-16 pages - $2.00
Over 17 pages - $2.00 plus $ .15 per page
Cover stock - add $ .50
Solo - $4.95
Small Ensemble Set* - $9.95
Band Set* - $40.00
String Orchestra Set* -
Full Orchestra Set* - $45.00
Piano, Vocal - $2.50 for 1-4 pages plus $.25 per additional 4 pages.
*Sets include cover, score and parts. Pricing set for standard sets.
Additional set configuration pricing available upon request.
12. Pepper® will remit the following percentage of your
established list price to you for each copy of each work sold:
a. 25% of the list price established in accordance with these Terms
of Use for hard-copy sales
b. 50% of the list price
Sales to retail dealers approved by Pepper® will be priced at a
20% discount off the list price. This 20% will be deducted from the
portion retained by Pepper®. All sales will be reported and
remittance made to you quarterly.
13. Pepper® in its
discretion may accept returns of your compositions and other
materials from customers for credit for any reason or no reason
beyond the customer's request, and any such credits issued will be
deducted from payments to you.
14. You agree to provide
Pepper® with the necessary completed tax ID forms and
Pepper® will issue a 1099R for payments to you.
Score is a service mark of Pepper® and you will not use it or
any other trademark, service mark, logo, or other similar property of
Pepper® without permission. However, to optimize the marketing
of your compositions via My Score, Pepper® gives you permission
to create links on your own web site directing persons interested in
buying your compositions to My Score, and will assist you to do so
upon request. You must notify Pepper® whenever you use the
service mark in this way. Pepper® reserves the right to withdraw
this permission at any time for any reason.
16. You represent
and warrant that you are the sole composer and sole owner of all
rights in all works submitted, or that you own all rights necessary
for you to enter into and perform this Agreement, to submit
compositions for publication by Pepper® via My Score, and to
appoint Pepper® to perform any and all functions necessary to
make the compositions available for purchase, including any necessary
17. You agree to defend, indemnify and hold
Pepper®, and its shareholders, affiliates, directors, officers,
agents, attorneys and other representatives (Pepper®
Indemnitees) harmless from and against any claims, demands, suits,
damages, judgments, losses, costs and expenses, including reasonable
attorneys' fees, incurred in connection with allegations and claims
of copyright infringement and any other claims by third parties
against any of the Pepper® Indemnitees in connection with or as
a result of your submitting any materials to Pepper® or any
performance by Pepper® of any obligation or function relating
hereto, including without limitation any claims relating to
distribution or performance rights under copyright licensed by
performing rights or mechanical rights licensing organizations.
18. You will be responsible to retain possession of whatever personal
or backup copies you require of any compositions and any digital and
other files you provide to Pepper® and will not hold
Pepper® responsible or liable for any loss or damage that may
result from their loss or corruption.
19. You agree that
Pepper®, in its sole discretion, will determine the techniques
to be used in the conversion and production of printed or digital
copies for sale or, including but not limited to file formats, web
design and presentation, output devices, printers and paper.
20. You understand and agree to the following limitations and
a. Pepper® gives no assurance that any
particular composition will be sold or that any particular customer
will be able to successfully download or purchase a composition or
use the My Score system.
b. Pepper® does not guarantee
that it will prevent any and all loss or corruption of your
compositions or other data, or fully prevent any and all hacking,
intrusion or other intentional misuse into or of the My Score system
or Pepper®'s other systems and platforms, or prevent any
infection of any system by viruses or other form of malicious code.
Pepper® will endeavor to protect the security of your payment
data and other personal information. HOWEVER, PEPPER WILL HAVE NO
LIABILITY WHATSOEVER TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS,
THEFT, MISAPPROPRIATION, MISUSE OR UNAUTHORIZED USE OF ANY CREDIT OR
DEBIT CARD INFORMATION OR OTHER PAYMENT DATA OR ANY OTHER PERSONAL OR
OTHER INFORMATION UNLESS DUE TO THE INTENTIONAL CRIMINAL MISCONDUCT
OF PEPPER OR ITS EMPLOYEES.
c. THE MY SCORE MUSIC DISTRIBUTION
SYSTEM AND ASSOCIATED WEB SITES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. IN PARTICULAR, PEPPER CANNOT TAKE RESPONSIBILITY
FOR INTERNET OUTAGES, FAILURES OF EQUIPMENT OR CONNECTIVITY, OR
FAILURES BY YOU OR ANY CUSTOMER TO USE COMPATIBLE SYSTEMS, SOFTWARE
d. IN NO EVENT SHALL PEPPER BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR ANY
PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF MY SCORE OR THIS WEBSITE AND ITS CONTENTS.
21. Pepper® may temporarily or permanently take down or terminate
the use of the My Score system and associated web sites at any time,
for any reason Pepper® deems appropriate, without liability to
itself, may be amended or altered at any time by Pepper® upon
notice to you. Your sole remedy, should you disagree with any such
amendment or alteration, is to cease your participation the My Score
system. Except in cases of emergency, Pepper® will endeavor to
give reasonable advance notice of such actions, which may be given by
posting on the My Score web site, by email, by US mail, or by any