Promoting the art of piano performance to
further spiritual growth and
enrich quality of life
This Agreement (this “Agreement“) is made on the date accepted and agreed to by the person or entity whose name and address are set forth on the related order form (“Customer” or “you“), for the benefit of American Council of Piano Performers, Inc. (ACPP) and its affiliates, including but not limited to its ACPP Review division (collectively, “ACPP Review“). By consenting to this Agreement and submitting a request for a review (the “Review“) of a book (the “Book“), CD (“the CD”), DVD (“the DVD“) or a other commercial product (” the Product“) by ACPP Review. Customer hereby irrevocably and unconditionally agrees to the following terms and conditions:
1.Submission. If ACPP Review elects to provide the Review, the Review process will begin after ACPP Review receives full payment, confirmation of Customer’s acceptance of this Agreement and two physical copies or one digital copy of the Product in its final form. The Book may be in electronic or print format (no audiobooks), preferably in accordance with the formatting requirements set forth at http://www.pianoperformers.org/reviews-faq. the CD can be in a downloadable .Zip file format. Apps must be submitted via a download link. The DVD and the Product must be submitted as a physical copy. ACPP Review makes no guarantee regarding the timing of the completed Review, however, standard reviews are generally completed and returned to Customer within seven to nine weeks, while expedited reviews are generally completed and returned to Customer within four to six weeks. Upon its acceptance of the submission, ACPP Review will provide an estimated delivery date of the Review to the email address or mailing address set forth on the related order form. Submissions are not processed on weekends or U.S. national holidays. The submitted copies of the Book, the CD, the DVD or the Product shall become the property of ACPP Review and will not be returned to Customer. ACPP Review will not accept interim revisions of the Book, the CD, the DVD or the Product.
2.Cancellation and Refusal. You may not cancel this Agreement. ACPP Review may refuse your submitted request for the Review for any or no reason at any time in the process, regardless of receipt of payment. If ACPP Review elects not to provide the Review, Customer will be notified of such decision, all copies of the Book, the CD, the DVD or the Product will be returned to Customer, and ACPP Review shall provide a refund for any payments made by Customer in connection with such request for the Review. Upon the completion of the foregoing, ACPP Review shall be fully released from all obligations to Customer to provide the Review or otherwise.
3.Price and Payment. The prices charged for the Review purchased under this Agreement shall be ACPP Review then-current charges for the type review set forth on the related order form. Notwithstanding the foregoing, any Book containing 200,000 words or more are subject to additional fees and may require a reasonable extension of time for the completion of the Review. If Customer submits a Book containing 200,000 words or more and declines or fails to pay the additional fees and/or refuses to grant a reasonable extension of time for completion of the Review upon the request of ACPP Review, the submitted copies of the Book will be returned to Customer and ACPP Review shall be fully released from all obligations to Customer to provide the Review or otherwise. Payment is due in full upon the submission of the related order form, or, in the case of additional fees required hereunder, on such date indicated by ACPP Review.
Customer hereby acknowledges and accepts that:
A.Review Process. The Review process is anonymous. Customer will not be informed of the individual chosen to write the Review.
B.Customer cannot specifically choose a reviewer, nor make any requirements regarding the reviewer’s age, gender, race, religion or professional background. Customer shall not receive the reviewer’s personal information under any circumstances. ACPP Review shall have full control over the selection of the reviewer, and all placement decisions made by ACPP Review shall be final.
C.Review Format and Content. The Review will be approximately 250 to 300 words in length; ACPP Review will use its best efforts to provide a Review that is impartial and unbiased but not necessarily favorable. Although the Book will be evaluated in its entirety, ACPP Review will use its best efforts to provide a Review which will largely contain summary content of a portion of the Book and the DVD in an amount sufficient to provide context to the critique without revealing the details of the conclusion of the plot. The Review may refer to Customer’s prior work(s).
D.Review Subjectivity. The Review is subjective and shall be based solely upon the reviewer’s review of the content of the Book or the DVD and reading or watching experience; the reviewer may pass on an opinion in the Review based upon such reviewer’s subjective interpretation of certain aspects of the Book or the DVD including, but not limited to, the interpretation of the characters or the construct of the Book and Customer’s intent and the reviewer’s experience in reading the Book or viewing the DVD may not be aligned.
5.Publication of Review.
A.Process. Upon receipt of the Review, Customer may opt to release the Review for ACPP Review’s publication. Customer must release the Review for ACPP Review ‘s publication prior to Customer’s publication, reproduction or direct or indirect reference to the Review in any medium whatsoever.
B.Declination and Revocation. Customer may opt to decline the publication of the Review upon delivery thereof. Except as set forth herein, ACPP shall not publish the Review if Customer does not opt to do so after the delivery of the Review. If no other publication, reproduction, or reference to the Review has been made, Customer may request that such Review be removed from pianoperformers.org. Customer hereby acknowledges that the published Review cannot be removed from the Piano Performer magazine, the electronic newsletter or any licensee’s publication or website.
C.Right to Publish and Promote. ACPP Review reserves the right to publish and distribute all reviews published on pianoperformers.org without limitation. This includes, but is not limited to, publication in Piano Performer magazine, email distribution of the Review to ACPP newsletter subscribers, and distribution of the Review to the licensees of ACPP Review. Upon the publication or reproduction of any portion of the Review by Customer or any direct or indirect reference to the Review or the services provided hereunder in any medium whatsoever, Customer hereby immediately, automatically and irrevocably grants ACPP Review the right to publish the Review in its entirety on pianoperformers.org.
D.No Guarantee. All reviews, which are authorized to be published, shall appear on pianoperformers.org. Customer acknowledges that there is no guarantee that the Review will be featured in any other ACPP publication, including but not limited to, the Piano Performer magazine or electronic newsletter.
E.Licensees. Customer acknowledges that ACPP Review is not responsible for any licensee’s failure to publish the Review in its publication or website. Customer further acknowledges that the licensees of ACPP Review may change from time to time and there is no guarantee that any entity or website shall be an active licensee of ACPP Review.
6.Reproduction of Review.
A.Ownership of Review; Limited License. ACPP Review retains exclusive ownership of the Review and owns all intellectual property rights, title, and interest in any ideas or concepts related to the Review. If published, ACPP Review grants Customer a perpetual, non-exclusive, non-transferable, revocable, royalty-free right to reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. ACPP Review reserves the right to revoke such license for any reason. Other than as set forth hereunder or in the Excerpt Policy (as defined below), Customer shall not make any use of any trademark, service marks, trade names or trade dress of ACPP Review or its affiliates.
B.Excerpt Policy. Any excerpts of the Review shall strictly adhere to the Excerpt Policy set forth at https://www.pianoperformers.org/reviews-excerpt-policy, which may be updated or amended from time to time (the “Excerpt Policy“). Without limiting the foregoing, Customer may not add words to, utilize deceptive editing or alter the integrity of the Review and shall, in each publication of the Review, include a prominent credit attributing the Review to “American Council of Piano Performers, or ACPP ” in italics.
7.Representations and Warranties; Indemnification. You represent and warrant that (i) you are authorized to submit the Product for a Review, (ii) you have the full power, authority and capacity to enter into this Agreement and to perform your obligations under this Agreement, and (iii) no portion of the Book, the CD, the DVD or the Product infringes, violates or misappropriates any intellectual property rights of any other person. Customer irrevocably releases ACPP, its affiliates, employees and independent contractors, and shall indemnify, defend, and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach, alleged breach or non-performance of any covenant set forth in this Agreement.
8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. ACPP Review specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, RESULTS TO BE OBTAINED FROM THE REVIEW and implied warranties of merchantability and fitness for a particular purpose OF THE review OR SERVICES PROVIDED HEREUNDER. ACPP REVIEW PROVIDES ITS WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY. IN THE EVENT OF INTERRUPTION OF DISPLAY, ACPP REVIEW’S SOLE OBLIGATION WILL BE TO RESTORE SERVICE AS SOON AS PRACTICABLE. Customer has no legal recourse and may not threaten or commence litigation if it does not agree with the Review or finds it objectionable. NEITHER ACPP REVIEW NOR ITS INDEPENDENT CONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE REVIEW OR THE SERVICES PROVIDED HEREUNDER EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACPP REVIEW’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE REVIEW OR ANY SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE REVIEW.
9.Disputes. Customer acknowledges and agrees that no second reviews or refunds will be granted, regardless of the content or nature of the Review. Customer further acknowledges that Customer has no legal recourse and may not threaten or commence litigation if it does not agree with the Review or finds it objectionable. All legal fees incurred by ACPP Review in response to Customer claims or in obtaining injunctive relief hereunder shall be the responsibility of Customer. Revisions of the Review will be considered only if it contains factual errors and shall only be granted in ACPP Review ‘s sole and absolute discretion. ACPP Review reserves the right to sever communications with Customer after a final determination is made by the Senior Editor of ACPP Review with respect to any dispute related to the Review. If Customer continues to make or attempts to make contact with ACPP Review employees, agents, or independent contractors after such final determination, ACPP Review may pursue all available remedies including, but not limited to, injunctive relief or other legal action.
10.Interpretation of Policy. All matters and questions not specifically covered in this Agreement are subject to the final decision of ACPP Review.
A.Assignment; Independent Contractors. Customer may not assign this Agreement. ACPP Review may assign this Agreement and specifically has the right to engage independent contractors to provide the Review.
B.Entire Agreement; Severability. This Agreement is the entire agreement between ACPP Review and Customer regarding the subject matter hereof and supersedes all prior oral or written communications, agreements, and understandings between Customer and ACPP Review. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
C.Force Majeure. ACPP Review shall not be responsible to Customer for any failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control (a “Force Majeure“). In such event, however, ACPP Review will promptly notify Customer with written notice of the Force Majeure and the time for performance will be excused for the duration of the Force Majeure.
D.No Third Party Beneficiaries. Except as set forth in Sections 7, 8 and 9, no provision of this Agreement is intended to create in any person other than the parties hereto any rights or remedies hereunder.
E.No Waiver. Waiver by either party of any provision, default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. The failure of a party to require performance by the other party of this Agreement will not diminish the right of that party later to require performance of that provision.
F.Governing Law; Venue. This Agreement shall be construed and interpreted according to the laws of the State of California without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns, and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Irvine, California, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.
G.Injunctive Relief. Customer understands that in the event of a breach or threatened breach of Sections 5 and 9 of this Agreement by Customer, ACPP Review will suffer immediate and irreparable harm for which money alone cannot fully compensate ACPP Review. Therefore, in such event, ACPP Review will be entitled to obtain injunctive relief from a court of competent jurisdiction (regardless of Section 11.F) to enforce this Agreement without the necessity of proof of actual damage. This Section shall not be construed as an election of any remedy or as a waiver of any right available to ACPP Review under this Agreement or the law, including the right to seek damages from Customer for a breach of any provision of this Agreement, nor shall this paragraph be construed to limit the rights or remedies available under applicable law for any violation of any provision of this Agreement.
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