Terms & Conditions

ALL SALES ARE FINAL; THE CONSUMER IS NOT ENTITLED TO FORGO THE PURCHASE.

PART I

These are the general terms and conditions of neoScores NV, a limited liability company (naamloze vennootschap) organized and existing under the laws of Belgium, with registered office at Sleutelstraat 13, B-2550 Kontich, Belgium and registered with the register of legal entities under number BE 0536.406.040, hereinafter referred to as “neoScores”.

These general terms and conditions form part of your contractual relations with neoScores. We advise you to read them carefully for each transaction and/or action you perform on the Website (as defined hereinafter). These general terms and conditions can be modified by neoScores at any time and without any prior or following notification. Current terms and conditions are applicable to each use of the Website and/or to each purchase and/or other transaction concluded on the Website.

The domain gogustaf.com, neoscores.com and/or any of its sub-domains and/or any of its mirror-sites and/or any website that is owned and/or will be owned by neoScores and/or any of its affiliated companies (the “Website”) are property of and are administered by neoScores or its relevant affiliated company.

These general terms and conditions form part of each agreement between you and neoScores. By approaching, looking at or using the Website, you declare to have read, understood and unconditionally accepted these general terms and conditions. You acknowledge to be subordinate to these terms and conditions and you agree to observe them. If you do not agree with these general terms and conditions, you shall abstain from any use of the Website. In case of violation of the general terms and conditions, neoScores reserves the right to refuse access to the Website, without prejudice to the right of neoScores or any third party to claim damages for all direct and indirect loss suffered by them as a result of the violation.

The use of the Website remains completely at your own risk. All materials, information, software, programmes and services are supplied in unaltered state (“as is”), without any guarantee. neoScores excludes all express, tacit, legal and other guarantees and declarations as far as legally possible. neoScores cannot be held liable for any inaccuracy, incompleteness or untimeliness of the information offered directly or indirectly on the Website, nor for any improper use of the content of the Website by third parties.

neoScores cannot be held liable for an interruption and/or termination of the services offered through the Website, nor for any consequences resulting from it to you or to any other third party. Nor can neoScores be held liable for any kind of damage to your data or to the hardware of your computer, smartphone, tablet or any other device during your visit to the Website. You need to be aware of the fact that in case you download or acquire materials, information, software, programmes or services otherwise, you do so exercising your own judgment and at your own risk and of the fact that you are the sole responsible for any resulting damage, including the loss of data or damage to your computer, smartphone, tablet or any other device.

It is possible that neoScores engages external partners in order to be of optimal service to you with this Website. neoScores cannot be held liable in any way whatsoever for any errors, inaccuracies, incompletenesses or any other irregularities caused by those third parties.

In particular, neoScores disclaims all liability for the possible transfer of viruses and/or malware via the Website. neoScores can in no case whatsoever be held liable for any direct, indirect or consequential loss resulting from the Website, the use of the Website or from any website or source of information to which the Website refers or that can be accessed via the Website.

The Website can embed files of third parties or can contain hyperlinks to websites of third parties. neoScores does not have any say in the content of those websites or files and cannot be held liable in any case whatsoever for it.

The Website can be embedded in a website owned or administered by a third party. neoScores does not have any say in the content of those third party website or files and cannot be held liable in any case whatsoever for it.

The insertion of hyperlinks by neoScores does not imply in any case a tacit approval of the content of the websites or files to which those hyperlinks refer. You are responsible for the security and the confidentiality of your password as well as for each use via your user’s account that circumvents the terms and conditions of and the legal provisions applicable to this website.

In case of abuse or improper use, neoScores can remove your access to the Website without any prior formal notice or notification and without implying that you can claim a compensation of any loss in any way whatsoever.

A user’s account is personal and is not transferable. Your access code and your password shall be dealt with confidentially. You are the sole person liable for the use of your login and password. In order to avoid that a third party gains improper access to your user’s account, you need to log out at the end of each consultation.

neoScores can, at all times, without being obliged to report it, modify information on the Website without notification. In addition, neoScores can at all times and without prior notification introduce improvements or modifications to the products, services or programmes that can be consulted on the Website.

Your own general terms and conditions cannot be employed in any case. All information or data we retrieve and that you provide us, shall not be deemed to be confidential. By providing us information and data by means of the Website, you give us the right to reproduce, publish, distribute, publicly show, amend and use the information or data in any way and worldwide, without any restriction on duration and without your being able to claim any financial or other compensation or quid pro quo. In addition, by sending each idea, each concept and all knowledge and techniques with any purpose whatsoever, you agree that neoScores can use such an idea, concept, such knowledge or techniques, without any limitation in time, space or holder.

You can communicate and/or upload information to certain parts of the Website and to certain websites to which you can be referred via the Website. The liability for the content of that information and for the consequences of the distribution of it as well as the distribution of any kind of information of the Website is completely and solely borne by you. By communicating that information, you declare to neoScores to dispose of all the required rights and/or permissions for the use of it on the Website. Consequently, you shall indemnify neoScores against any complaint, claim or action whatsoever of third parties or of any inspection authority regarding the information you communicated. We do not exercise prior supervision over your communications and/or files. Nevertheless, we reserve the discretionary right not to distribute on or to remove communications from the Website without any notification. neoScores respects the intellectual property of others and ask that you do too. neoScores responds to notices of alleged copyright infringement. neoScores reserves the right to delete or disable content alleged to be infringing and terminate accounts of (repeat) infringers.

The texts, images, data, databases, software, names, brand and domain names, brands, logos offered are protected by intellectual property rights. It is prohibited to reproduce, communicate, distribute, amend, make public, sell or transfer information offered on and via the Website to third parties without prior written permission of neoScores. You are authorised to display, browse through, consult and/or print short sections of the Website, provided that the use is reasonable and does not use a beyond reasonable share of the bandwidth of the Website. The fact that we grant you access to surf on the Website, does not mean that you acquire any intellectual right to the protected elements. You cannot make any claim to those elements. Neither the abstention nor the failure to act of neoScores to assert or enforce its rights according to these general terms and conditions or according to any provision of the Website, will exact the renunciation of it or of the right of neoScores to enact any other provision of the Website and no renunciation by neoScores of any violation to any provision of these general terms and conditions will be considered to be the renunciation of any violation or any other provision of these general terms and conditions.

The invalidity or non-enforcement of any provision of these general terms and conditions shall not result in the invalidity or non-enforcement of any other provision of these general terms and conditions, nor of the terms and conditions in general. In case the validity or the enforcement of any provision of these general terms and conditions is questioned or contested, the parties involved shall do the reasonably necessary or useful in good faith in order to lawfully guarantee that such a provision remains completely valid and operative or to replace such provision by another provision that economically produces the same effect for all the parties.

PART II

You declare to be aware of:

the identity of the seller and its geographical address;
the most important characteristics of the product or service, as described in the present general terms and conditions;
the price of the product or the service;
the method of payment, delivery or performance of the agreement, as described in the present general terms and conditions;
the fact that the right of withdrawal does not exist and that you do not have the right to refrain from any purchase;
the fact that there is no possibility to withdraw nor to restitute the product;
the period of validity of the offer or of the price: neoScores reserves the right to modify the prices on its website(s) unilaterally whenever considered appropriate. Such a price change only produces effects in the future.

You declare to be aware of:

the languages in which the contract can be concluded;
the different technical steps to arrive to the closing of the contract;
the technical means by which data entry errors can be traced and corrected before the order is placed;
the fact that neoScores reserves the right to archive the contract that was concluded without making it accessible to you.
In case of late payment for any reason whatsoever, neoScores is legally entitled to the payment of an interest at the reference rate plus seven percentage points and rounded up to the higher half-percentage point without formal notice, in accordance with the Belgian Act of 2 August 2002 concerning the combat of payment arrears in commercial transactions. That interest rate will amount to twelve percent on an annual basis in case the aforesaid Act of 2 August 2002 is not applicable. In addition, neoScores is entitled to the payment of damages equal to 10% of the price, without that compensation amounting to less than 50.00 EUR and without prejudice to its right to obtain the compensation of the actual loss.

neoScores reserves the right to legally and immediately remove or suspend your account without prior notification:

In case of your death;
In the event that you fail to log in during a period of two consecutive years;
In the event of abuse or serious indication to it;
In case you illegally circumvent the technical provisions made by neoScores, or illegally remove, amend or circumvent the identification system. When the occasion arises, you are indebted to pay neoScores fixed damages of 250 EUR without prejudice to the right of neoScores to obtain compensation of the actual damages suffered;
In case of acts that can cause potential damage to neoScores including the detrimental effect on neoScores’s reputation. When the occasion arises, you are indebted to pay neoScores fixed damages of 250 EUR without prejudice to the right of neoScores to obtain compensation of the actual damages suffered;
In case of non-payment;
In the event of any other violation to the present general terms and conditions.
neoScores reserves the right to legally and immediately terminate your right of use of the digital music sheet files without prior notification:
In case of your death;
Owing to the expiry of the time for which the right of use is granted;
Owing to the perishing of the object to which the right of use is aimed;
Owing to abuse or a serious indication to it. When the occasion arises, you are indebted to pay neoScores fixed damages of 250 EUR without prejudice to the right of neoScores to obtain compensation of the actual damages suffered;
In case you illegally circumvent the technical provisions made by neoScores, or illegally remove, amend or circumvent the identification system. When the occasion arises, you are indebted to pay neoScores fixed damages of 250 EUR without prejudice to the right of neoScores to obtain compensation of the actual damages suffered;
In case of acts that can cause potential damage to neoScores including the detrimental effect on the neoScores’s reputation. When the occasion arises, you are indebted to pay neoScores fixed damages of 250 EUR without prejudice to the right of neoScores to obtain compensation of the actual damages suffered;
In case of non-payment;
In the event of any other violation to the present general terms and conditions.

PART III

Save when agreed otherwise in writing, neoScores remains holder of the intellectual property rights to the works for which neoScores granted the right of use. You are liable for each violation to any intellectual right detected to the detriment of you.

The object of the transaction is guaranteed by neoScores against hidden shortcomings until eight days after the transaction at the latest. In order to appeal to the guarantee, you shall on pain of being time-barred, communicate each complaint concerning the hidden shortcomings with detailed reasons by registered writing to neoScores until eight days after the date of transaction at the latest.

The liability of neoScores is in any case restricted to value of the respective individual transaction. The appeal of the guarantee can by no means give cause to the complete or partial withholding of the amounts invoiced. neoScores cannot be held liable for material nor for immaterial consequential loss. neoScores can appeal to third parties for your payments. neoScores cannot be held liable in any way whatsoever for possible problems in the broadest sense of the word concerning payments made via third parties.

Your “Gustaf Essentials” membership, if any, will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge your next month’s membership fee. You can cancel your “Gustaf Essentials” membership at any time, and you will continue to have access to the “Gustaf Essentials” works through the end of your monthly billing period. neoScores does not provide refunds or credits for any partial-month membership periods. If you cancel your “Gustaf Essentials” membership, your “Gustaf Essentials” account will automatically close at the end of your current billing period. neoScores may change its service plans and the price of its service from time to time, upon prior email notice.

The “Gustaf Essentials” content is for your personal and non-commercial use only. During your “Gustaf Essentials” membership neoScores grants you a limited, non-exclusive, non-transferable, license to access the works within the “Gustaf Essentials” account. You declare to be aware of the fact that the works available within the “Gustaf Essentials” account may vary without prior notice.”

PART IV

Services of neoScores will be billed and will be payable upfront. Services of neoScores will not be automatically renewed. Once enrolled in the services of neoScores, you shall be alerted via e-mail before your subscription is up for renewal.

Invoices will be sent via e-mail. Invoices will also appear on your account page.

You may end your subscription at any time by communicating such to neoScores by e-mail (accounting@neoscores.com), by registered writing or by cancelling your account on your account page. Such annulment is free of charges. neoScores does not provide refunds.

PART V

neoScores respects the intellectual property rights of others and expects you to do the same. neoScores will respond expeditiously to claims of copyright infringement committed using the Website.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by e-mail to hello@neoscores.com or by letter sent to “neoScores, Sleutelstraat 13, 2550 Kontich, Belgium, Europe”. Upon receipt of such notice, neoScores will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

Such notice should contain the following information:

Identification of the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
Identification of the material you claim is infringing (or the subject of infringing activity) and to which access is to be disabled.
Your contact info (name/legal name, address, phone number, email address if available)
A declaration in which you state “I hereby state, under penalty of perjury, that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
A declaration in which you state “I hereby state, under penalty of perjury, that the information in this notice is accurate and that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

PART VI

Complaints or disputes shall on pain of being time-barred be communicated by registered writing to neoScores until eight calendar days after the date of transaction at the latest, or eight calendar days after the event that on which the complaint is based. In case the complaint is found legitimate, the liability of neoScores is restricted to the value of the respective individual transaction.

These general terms and conditions are subject to Belgian law. Only the courts of the legal district Antwerp shall be competent, without prejudice to the right of neoScores to issue a summons through the courts of your domicile.