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Terms of Use Agreement
Welcome to
MindaMusicStore. We
maintain this web site as a service to our clients. By using our
site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do
not agree to these terms, you should not review information or
obtain goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly
prohibited.
3. Trademarks. MindaMusicStore, MindaMusicStore.com and
others are either trademarks or registered trademarks of Minda Music. Other product and company names mentioned on the Site
may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants
will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
12. Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of
this Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you
will pay the charges incurred by you at the posted prices, including
any applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives, that
are forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall
within securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall not
be deemed to be, incorporated into any of our securities-related
filings or documents.
15. Links to other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at
your own risk.
16. Copyrights and Copyright Agents. We respect the
intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the
following information:
-
An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
-
A description of the copyrighted work that you
claim has been infringed;
-
A description of where the material that you claim
is infringing is located on the Site;
-
Your address, telephone number, and email address;
-
A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
-
A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
Our Copyright Agent for Notice of claims of
copyright infringement on the Site is the Intellectual Property
Rights Manager who can be reached as follows:
Minda Music
Intellectual Property Rights Manager
2613 State Road #19,
Ste 4
Lake Warehouse Plaza
Tavares, FL 32778
Phone: 469-661-8116
17. Refund Policy. If a product purchased by
you proves to be defective or not to your reasonable satisfaction,
you can return the product within 10 days of receipt, to the
following address: MindaMusic Store returns, 211 E. Third Street,
Unit D, Winston-Salem, NC 27101. In such event, we will provide you a
credit for other purchases on the Site (less shipping and handling
charges incurred). This Section 17 sets forth your sole and
exclusive right to refund and return.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
19. Miscellaneous. This Agreement shall be treated as though
it were executed and performed in all 50 states and shall be
governed by and construed in accordance with the laws of the State
of North Carolina (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be subject to the
limitations set forth in Section 8 and Section 10. The language in
this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely
in Winston-Salem, North Carolina. You expressly submit to the
exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
20. Shipping Policy. All orders for stock
items which are received by 2:00 PM EST, will normally be processed
that day and shipped within 48 hours. Orders for non-stock items
which are received by 2:00 PM EST, will be shipped upon receipt into
our warehouse.
Click
here to review our complete shipping policy and rates.
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