Terms of Service

Last Updated: January 2026

Welcome to McDowell Music. These Terms of Service ("Terms") govern your use of the website and purchase of digital music scores and parts. By accessing the website or making a purchase, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the McDowell Music website (the "Service"), you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, please do not use the website or make any purchases.

2. Description of Service

McDowell Music provides digital music scores and parts for purchase, including original compositions and arrangements. McDowell Music also offers commission services, consortium participation, and music lessons. All products are delivered digitally via email as PDF files.

3. License and Usage Rights

3.1. Purchase License

Upon purchase, you are granted a non-exclusive, non-transferable license to:

• Perform the purchased work(s) with your ensemble(s)
• Reproduce the purchased materials (scores and parts) for your ensemble members
• Use the materials for educational and performance purposes

3.2. Restrictions

You may NOT:

• Resell, redistribute, or share the digital files with other ensembles or individuals
• Upload the files to public websites, file-sharing services, or social media
• Sell sheet music for derivative works or arrangements without written permission
• Remove copyright notices or attribution
• Use the materials for commercial recording or distribution without separate licensing

3.3. Copyright Ownership

All original compositions and arrangements are © McDowell Music. All rights not expressly granted are reserved. You do not acquire ownership rights to the music; you receive a license to use it as specified.

3.4. Special Provisions for Marching Band Shows

For complete marching band shows, an exclusivity clause applies: only one performance of the work per given event is permitted. The ensemble who purchased the work first has priority for show performance rights at that event. Subsequent purchasers for the same season will be notified of performance restrictions before purchase completion.

3.5. Copyright-Restricted Arrangements

Some arrangements may be subject to additional licensing restrictions or fees from the original copyright holder. You are responsible for obtaining any necessary licenses for public performance of copyrighted arrangements. I can provide information about copyright status and licensing options upon request.

4. Pricing and Payment

4.1. Pricing

Prices are listed in USD and are based on the scope of the work, ensemble type, and difficulty. Prices are subject to change without notice. The listed price is for the work as-is and does not include custom edits or revisions.

4.2. Payment Methods

We accept payment through Stripe (credit/debit cards). Additional payment methods may be available upon request. All payments are processed securely through our payment processor.

4.3. Bundled Pricing and Discounts

We may offer bundled pricing options and discounts for underfunded programs on a case-by-case basis. Contact us at inquiries@mcdowell-music.com to inquire about special pricing.

5. Digital Delivery

5.1. Delivery Method

Upon successful payment, digital scores and parts will be delivered via email as PDF attachments within 24 hours. Files are typically sent immediately after payment confirmation.

5.2. File Access

If you experience any issues accessing or downloading the attached PDF files, please contact us at inquiries@mcdowell-music.com and we will assist you.

5.3. File Format

All files are provided in PDF format. You are responsible for ensuring you have appropriate software to open and use PDF files.

6. Revisions and Updates

If we make revisions to a composition after your purchase, we will provide the updated version at no additional cost. Custom edits to suit your ensemble's needs are available for an additional fee. Contact us for a quote on custom edits.

7. Refund Policy

7.1. Refund Eligibility

We offer a 7-day refund policy for digital products. If you are not satisfied with your purchase, you may request a refund within 7 days of the purchase date. Refund requests must be submitted via email to inquiries@mcdowell-music.com and include your order number.

7.2. Refund Process

Upon receiving a valid refund request within the 7-day window, we will process your refund within 5-10 business days. Refunds will be issued to the original payment method used for the purchase. Once a refund is processed, your license to use the purchased materials is revoked, and you must delete all copies of the files.

7.3. Technical Issues

If you experience technical issues preventing you from accessing your purchased files, please contact us immediately. We will work with you to resolve the issue or provide alternative delivery methods. Technical issues do not automatically qualify for a refund if we are able to resolve them.

7.4. Payment Errors

If you believe you were charged incorrectly, please contact us within 7 days of the transaction. We will investigate and, if an error occurred, issue a refund or correction.

7.5. Refund Exceptions

Refunds may not be available for:

• Custom commissions or edited works (unless agreed upon separately)
• Purchases made more than 7 days ago

8. Commissions and Consortiums

8.1. Commissions

Commission terms are agreed upon separately. Generally, commissions include exclusive performance rights for your ensemble for one year after completion, after which the work may be optionally released publicly with your ensemble's name attached. You retain the right to continue performing the work after the exclusivity period.

8.2. Consortiums

Consortium participation grants exclusive performance rights for one year after the piece is completed, shared among all consortium members. After the exclusivity period, the work is released publicly and you may continue performing it.

9. Prohibited Uses

You agree not to:

• Use McDowell Music's Services in violation of any laws
• Attempt to gain unauthorized access to McDowell Music's systems or files
• Interfere with or disrupt McDowell Music's Services
• Violate any intellectual property rights

10. Limitation of Liability

To the maximum extent permitted by law, McDowell Music shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service or purchased materials.

Total liability for any claims arising from your purchase or use of McDowell Music's Services shall not exceed the amount you paid for the specific product in question.

11. Indemnification

You agree to indemnify and hold harmless McDowell Music, its owner, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of McDowell Music's Services, violation of these Terms, or infringement of any rights of another party.

12. Dispute Resolution

12.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

12.2. Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Oregon.

12.3. Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at inquiries@mcdowell-music.com to attempt to resolve the dispute informally.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with any additional terms agreed upon for commissions or special arrangements, constitute the entire agreement between you and McDowell Music regarding the Service.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: inquiries@mcdowell-music.com
• Website: mcdowell-music.com