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 box below, you agree to these Terms of Use as well as Pepper's Privacy Policy and Legal
Notice which are located at J.W.Pepper® privacy.
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:
a. An initial non-refundable fee of ninety-nine U.S. dollars ($99).
b. An annual non-refundable renewal fee of twenty-five U.S. dollars ($25). The annual renewal fee will be waived if your
previous year's annual retail sales for all of your compositions in the aggregate exceed four hundred U.S. dollars ($400).
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 My Score.
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. Works will be distributed to users via Pepper websites, ePrintFolders,
ePrintGo, and download mechanisms.
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:
Choral Music
2-16 pages - $2.00
Over 17 pages - $2.00 plus $ .15 per page
Cover stock - add $ .50
Instrumental Music
Solo - $4.95
Small Ensemble Set* - $9.95
Band Set* - $40.00
String Orchestra Set* - $35.00
Full Orchestra Set* - $45.00
Handbell, Guitar, 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 established in accordance with these Terms of Use for digital sheet music sales.
c. 50% of the list price established in accordance with the Terms of Use for digital downloadable product sales. 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.
15. My 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 file conversions.
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 disclaimers:
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 OR EQUIPMENT.
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 you or any other person. These
Terms of Use, and the My Score system 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 other means