Disclaimer:
Use of this Site
By accepting these Terms of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the age
of 18 but at least 13 years of age you may use this Web Site only under
the supervision of a parent or legal guardian who agrees to be bound by
these Terms of Use. JAMSHACKMUSIC.COM does not intentionally collect
personal information about children under the age of 13. Except for the JAMSHACKMUSIC.COM
Web Site, children under the age of 13 may not use this Web Site other
than for browsing, and parents or legal guardians may not agree to these
Terms of Use on their behalf. If you are a parent or legal guardian
agreeing to these Terms of Use for the benefit of a child between the
ages of 13 and 18, be advised that you are fully responsible for his or
her use of this Web Site, including all financial charges and legal
liability that he or she may incur. If you do not agree to (or cannot
comply with) any of these terms and conditions, do not use this Web Site.
All billing and registration information provided must be truthful and
accurate. Providing any untruthful or inaccurate information may
constitute a breach of these Terms of Use. By confirming your purchase
at the end of the checkout process, you agree to accept and pay for the
item(s) requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written
and other materials that are part of this Web Site (collectively, the
"Contents") are intended solely for personal, non-commercial
use. You may download or copy the Contents and other downloadable
materials displayed on the Web Site for your personal use only. No
right, title or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You
may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part,
any of the Contents, the Web Site or any related software. All software
used on this Web Site is the property of JAMSHACKMUSIC.COM or its
suppliers and protected by U.S. and international copyright laws. The
Contents and software on this Web Site may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of
the Contents on this Web Site is strictly prohibited. JAMSHACKMUSIC.COM
is a trademark of Jam Shack Music Corp. .
Objectionable Material. You understand that by using this Web Site or
any services provided on the Web Site, you may encounter Content that
may be deemed by some to be offensive, indecent, or objectionable, which
Content may or may not be identified as such. You agree to use the Web Site
and any service at your sole risk and that JAMSHACKMUSIC.COM and its
affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable.
Site Security
Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing
data not intended for such user or logging onto a server or an account
which the user is not authorized to access; (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the
Site, overloading, "flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or (e) forging
any TCP/IP packet header or any part of the header information in any
email or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. JAMSHACKMUSIC.COM will
investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt to
interfere with the proper working of this Site or any activity being
conducted on this Site. You agree, further, not to use or attempt to
use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site other than the
search engine and search agents available from JAMSHACKMUSIC.COM on
this Site and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience,
you will not be charged until your payment method is authorized, the
order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, or problems identified by
our credit and fraud avoidance department. We may also require
additional verifications or information before accepting any order. We
will contact you if all or any portion of your order is canceled or if
additional information is required to accept your order. If your order
is canceled after your credit card has been charged, we will issue a
credit to your credit card in the amount of the charge.
Pricing Information
While JAMSHACKMUSIC.COM strives to provide accurate product and
pricing information, pricing or typographical errors may occur. JAMSHACKMUSIC.COM
cannot confirm the price of an item until after you order. In the
event that an item is listed at an incorrect price or with incorrect
information due to an error in pricing or product information, JAMSHACKMUSIC.COM
shall have the right, at our sole discretion, to refuse or cancel any
orders placed for that item. In the event that an item is incorrectly
priced, JAMSHACKMUSIC.COM
may, at our discretion, either contact you for instructions or cancel
your order and notify you of such cancellation.
We strive to provide you with the lowest prices possible on JAMSHACKMUSIC.COM
as well as in our stores. However, sometimes a price online does not
match the price in a store. Prices and availability are
subject to change without notice.
Quantity Limits & Dealer Sales
JAMSHACKMUSIC.COM reserves the right, at our sole discretion, to limit
the quantity of items purchased per person, per household or per
order. These restrictions may be applicable to orders placed by the
same JAMSHACKMUSIC.COM account, the same credit card, and also
to orders that use the same billing and/or shipping address. We will
provide notification to the customer should such limits be applied. JAMSHACKMUSIC.COM
also reserves the right, at our sole discretion, to prohibit sales to
dealers.
User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and
other submissions disclosed, submitted or offered to JAMSHACKMUSIC.COM
on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, the
"Comments") shall be and remain JAMSHACKMUSIC.COM 's
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to JAMSHACKMUSIC.COM of all worldwide rights,
titles and interests in all copyrights and other intellectual
properties in the Comments.
Thus, JAMSHACKMUSIC.COM will own exclusively all such rights,
titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. JAMSHACKMUSIC.COM will be
entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit
for any purpose whatsoever, without restriction and without
compensating you in any way. JAMSHACKMUSIC.COM is and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to pay
to user any compensation for any Comments; or (3) to respond to any
user Comments. You agree that any Comments submitted by you to the
Site will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or
proprietary right(s), and will not cause injury to any person or
entity. You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, threatening,
abusive or obscene material, or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or
any form of "spam".
JAMSHACKMUSIC.COM does not regularly review posted Comments, but
does reserve the right (but not the obligation) to monitor and edit or
remove any Comments submitted to the Site. You grant JAMSHACKMUSIC.COM
the right to use the name that you submit in connection with any
Comments. You agree not to use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are and shall remain solely responsible for
the content of any Comments you make and you agree to indemnify JAMSHACKMUSIC.COM
and its affiliates for all claims resulting from any Comments you
submit. JAMSHACKMUSIC.COM and its affiliates take no responsibility
and assume no liability for any Comments submitted by you or any third
party.
Colors
We have made every effort to display the colors of our products that
appear on the Site as accurately as possible. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate.
Indemnification
You agree to defend, indemnify and hold harmless JAMSHACKMUSIC.COM and
its affiliates from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related to your
use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either
you or JAMSHACKMUSIC.COM . You may terminate this Agreement at any
time, provided that you discontinue any further use of this Site. JAMSHACKMUSIC.COM
also may terminate this Agreement at any time and may do so
immediately without notice, and accordingly deny you access to the
Site, if in JAMSHACKMUSIC.COM 's sole discretion you fail to comply
with any term or provision of this Agreement. Upon any termination of
the Agreement by either you or JAMSHACKMUSIC.COM , you must promptly
destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the Terms
of Use or otherwise. JAMSHACKMUSIC.COM 's right to any Comments shall
survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY JAMSHACKMUSIC.COM ON AN "AS IS" AND
"AS AVAILABLE" BASIS. JAMSHACKMUSIC.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, JAMSHACKMUSIC.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING
THE FOREGOING, JAMSHACKMUSIC.COM DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE JAMSHACKMUSIC.COM WEB SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY
TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JAMSHACKMUSIC.COM
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF
ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR
INABILITY TO USE THE JAMSHACKMUSIC.COM WEB SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA,
WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JAMSHACKMUSIC.COM
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL JAMSHACKMUSIC.COM BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM
AROSE.
General
This Agreement represents the complete agreement between the parties
and supersedes all prior agreements and representations between them.
Headings used in these Terms of Use are for reference purposes only
and in no way define or limit the scope of the section. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable and the other terms of this Agreement shall
remain in full force and effect. The failure of JAMSHACKMUSIC.COM to
act with respect to a breach of this Agreement by you or others does
not constitute a waiver and shall not limit JAMSHACKMUSIC.COM 's
rights with respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under NEW YORK law
without regard to conflicts of law provisions. Any action or
proceeding arising out of or related to this Agreement or your use of
this Site must be brought in the state or federal courts of NEW YORK
and you consent to the exclusive personal jurisdiction of such courts.
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