Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions (“Purchase Terms & Conditions”) apply to your purchase of products and services, including without limitation merchandise, access to our Hosted Content (defined below), Digital Content (defined below), and other products and services (“Product”) sold from our online stores.
By placing your order for Product, you accept and are bound to these Purchase Terms & Conditions and any Product-specific rules or usage provisions specified on any Product detail page or in any link from a Product detail page (“Rules”). These Purchase Terms & Conditions shall apply only to your purchase through the Site.
1. Eligibility
By placing an order, you represent and warrant that you have read these Purchase Terms & Conditions, are at least eighteen (18) years of age, and you agree to be bound by these Purchase Terms & Conditions. If you are not at least eighteen (18) years of age or do not wish to be bound by these Purchase Terms & Conditions, you are not authorized to place an order.
2. Digital Content; Hosted Content
a. The Site offers downloads of digitized versions of audio and video recordings, artwork, and information related to such recordings, and other content (individually and collectively, “Digital Content”). The Site also offers access to and use of certain online services via the Site, including without limitation, online courses, and related course materials (“Hosted Content”).
b. Limited License to Digital Content. Effective after our acceptance of your order for Digital Content and your payment of all associated fees, we grant you a non-exclusive, non-transferable, non-assignable, non-sub-licensable, license to use the Digital Content you purchase solely for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial use, subject to and in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service.
c. Limited License to Use Hosted Content. Effective after our acceptance of your order for Hosted Content and your payment of all associated fees, we grant you a non-exclusive, non-transferable, non-assignable license to use the Hosted Content you purchase solely for your personal, non-commercial use during the period of time set forth in the Rules for such Hosted Content (or, if no such period is set forth, ninety (90) days from the date of your purchase), subject to and in accordance with these Purchase Terms & Conditions, the Rules and the Terms of Service.
d. Restrictions. You represent, warrant, and agree that you will use the Hosted Content and Digital Content only for your personal, non-commercial use and not for any redistribution of the Hosted Content or Digital Content or other use restricted in these Purchase Terms & Conditions, the Rules, or the Terms of Service. Except as set forth in Sections 2.b, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend modify, adapt, edit, or license or otherwise transfer or use the Digital Content or Hosted Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content or Hosted Content. You acknowledge that the Digital Content and Hosted Content each embodies the intellectual property of us and/or third parties and is protected by law. You agree not to infringe the rights of Digital Content’s and Hosted Content’s owners and to comply with all applicable laws in your use of Digital Content.
e. Unique Identifiers. Digital Content may include unique identifiers that are specific to you or your purchase (“Unique Identifiers”). You may not modify, reverse engineer, decompile or disassemble or otherwise tamper with the Unique Identifiers.
f. Reservation of Rights. Except for the rights explicitly granted to you in these Purchase Terms & Conditions, all rights, title, and interest in the Digital Content and Hosted Content are reserved and retained by us, and our licensors. You do not acquire any ownership rights in the Digital Content because of downloading Digital Content, and you do not acquire any ownership rights in the Hosted Content because of accessing and using the Hosted Content.
3. Purchases
a. Purchases. In the event you wish to purchase the Product, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address, and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete, and current information, and to comply with these Purchase Terms & Conditions. You shall be responsible for all charges made in your Product order as well any applicable taxes. We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
b. Payment. Terms of payment are within our sole discretion, and unless otherwise agreed by us, payment must be received by us prior to acceptance of an order. Your right to any available Product (including Hosted Content) is conditional on our receipt of the appropriate payment for such Product in advance. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order.
c. Product Descriptions; Pricing. We attempt to be as accurate as possible in describing Product (including pricing) offered for purchase; however, we do not represent or warrant that all such descriptions are complete, current, or error-free. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after orders are submitted). If physical Product offered on the Site is not as described, your sole remedy is to return it in unused condition. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
d. Shipping. For physical products, please allow up to ten (14) business days for delivery, depending on the shipping method, to locations inside the United States of America (50 States and the District of Columbia), and up to fourteen (30) days for delivery to locations outside the United States.
e. Access to Purchased Hosted Content and Digital Content. After registering an Account and completing your purchase of Hosted Content, please allow up to 24 hours for such Hosted Content to appear in your Account. After purchasing Digital Content, please allow up to 24 hours for us to transmit an e-mail confirmation to you that includes a link to such Digital Content.
f. Return and Cancellation Policy. ALL SALES OF DIGITAL CONTENT ARE FINAL. WE DO NOT ACCEPT RETURNS OR OFFER REFUNDS OF DIGITAL CONTENT. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content and certain Hosted Content from the Service without notice. If you cancel your subscription to Hosted Content, your right to access and use the Hosted Content will terminate and you will receive no refund; however, your obligation to pre-pay for future months of your subscription to Hosted Content will terminate. To be eligible for a refund in connection with any other Product (e.g., physical merchandise) purchased via the Site, the applicable Product must be returned to us in its original packaging, in unused condition, and accompanied by the relevant packing slip or receipt within fourteen (14) days from the date of purchase.
g. Product Availability. All Product orders are subject to availability.
h. Order Questions. For any inquiries regarding Product orders, please contact us via e-mail. If we have any questions about your order, you agree that we may contact you by phone, mail, or email.
i. No Resale. You acknowledge and agree that no Product may be directly or indirectly repackaged or resold or sublicensed or rented by you, unless specifically agreed otherwise by us in writing.
j. Risk of Loss. Risk of loss and title for the physical Product purchased from the Site pass to you upon our delivery to the carrier. For purposes of clarity, ownership of the intellectual property in the Product remains at all times with us, subject to the limited licenses granted to you herein.
4. Restrictions on Use of Product
You acknowledge and agree that you will: (a) use Product only in a lawful manner and only in accordance with these Purchase Terms & Conditions, the Rules, and the Terms of Service; (b) not modify, edit or alter any Product in any manner without our prior written permission; and (c) not use any Product in a manner that may cause any consumer confusion as to our relationship with you or any third party or that may imply that we endorse you or your products or services.
5. Disclaimer of Warranties
Without limiting the Disclaimer of Warranties in our Terms of Service, Product is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, availability, quality, and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the Product in terms of its correctness, accuracy, reliability, quality, or otherwise. The product could include technical inaccuracies or typographical errors. The product could be inaccurate or become inaccurate because of future developments. We undertake no obligation to verify or maintain the currency of such information. We make no representation or warranty that Product will be error free or that all errors will be corrected. IF YOU ARE LOCATED in new jersey, you (i) assume all risks of losses or damages resulting from your use of or inability to use a product; (ii) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from lost profits, lost data or business interruption) that may occur as a result of your use of the service; and (iii) expressly agree to release and discharge us , and our affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of any products; and (iv) you voluntarily give up or waive any right that you may otherwise have to bring a legal action against us for losses or damages, whether based on warranty, contract, tort or other legal theory, including any claim based on alleged negligence on our part and their agents and employees. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.
6. Termination; Amendments
Your rights under these Purchase Terms & Conditions will automatically terminate without notice from us if you fail to comply with any of their terms or any terms of the Rules or the Terms of Service. In case of such termination, you must cease all use of the Digital Content and Hosted Content, and we may immediately revoke your access to the Site without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with these Purchase Terms & Conditions or the Rules or the Terms of Service will not constitute a waiver of any of our rights. We may amend any of the terms of such agreements at our sole discretion via posting of the revised terms on the Site. Your continued use of the Digital Content and/or Hosted Content after any such amendment’s effective date evidence your agreement to be bound by it.
7. General
If any provision of these Purchase Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that these Purchase Terms & Conditions may be assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Purchase Terms & Conditions, along with the Terms of Service and any other written terms and conditions regulating the use of the Site and Product, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
8. Third Party Beneficiary
Third party Digital Content and Hosted Content copyright owners, if any, are intended third-party beneficiaries under these Purchase Terms & Conditions and may enforce these Purchase Terms & Conditions against you and invoke all rights hereunder including limitations of liability.