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Terms of Use

Welcome to the Art of Music. Please read these Terms of Use carefully before using these Sites.  By accessing or using these Sites in any way, including, without limitation, browsing the Sites, creating an account, using any information, placing an order, and/or submitting your personal information to us. You agree to and are bound by the terms, conditions, policies, and notices contained in these Terms of Use (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITES.

 

  1. Site Content
    1. The contents of the Sites are: These Sites contain copyrighted materials, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of each Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”).
    2. Display of an item on the Sites does not guarantee that an item is currently in stock or that it will be available on the Sites when you visit again. Some merchandise featured on the Sites may be available only in limited quantities or only while supplies last.  Further, a reference to a product or service on the Sites does not imply that such product or service is or will be available in your location or other Art of Music. Prices can vary from in store and online.
    3. Certain product, service, or company designations for companies other than Art of Music may be mentioned in the Sites for identification purposes only.  Third-party trademarks, trade names, logos, product or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.
  2. User Conduct

You may not use the Sites or Content for any purpose that is unlawful or prohibited by these Terms. By using the Sites, including all Content and services available through it, you agree that you shall not:

  1. delete, modify, hack or attempt to change or alter any of the Content on the Sites;
  2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Sites or servers or networks connected to the Sites, or take any other action that interferes with other parties’ use of the Sites;
  3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Sites for purposes other than for a generally available search engine;
  4. use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  5. upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  6. provide false information on your account registration form, or impersonate someone else;
  7. publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.

 

 

  1. Mobile Services

Art of Music does not currently charge you for its mobile services, but your mobile device carrier may charge fees, such as text messaging and/or data usage fees, in connection with your use of Art of Music’s mobile services.

  1. Order Acceptance

The Sites may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, errors or problems with the coupon, discount or promotion code used at checkout, or problems identified regarding your credit information.  We also may require additional verifications or information before accepting any order.  In the event that Art of Music is unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within thirty (30) days of shipment, Art of Music may elect to cancel your order.  We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge less shipping and handling charges, if applicable.

  1. Return Policy

We want you to be happy with any purchase you may make through any of our Sites.  If you have purchased any products through the Sites and are not completely satisfied with your purchase, you may return any such items within seven (7) days of purchase for a store credit, less shipping charges and will be subject to a 25% restocking fee..  Please have your invoice and credit card used in connection with the purchase available.  After seven (7) days, all items returned for store credit. Custom items and specialty framed or special order items are also non-returnable.

  1. Authenticity Guaranteed

We stand by our products at Art of Music.  Each item has been thoroughly inspected and is guaranteed to be authentic.  If any item is proven to be unauthentic we will issue an immediate refund. Art of Music insists that only reputable Authenticators be used to verify an items’ Authenticity.  Art of Music recognizes only those Authenticators that are testifiable in court.  They must pass a screening process by Art of Music.   We recommend:

Sports items:  PDA DNA (http://www.psacard.com)

All other items: Drew Max (http://aau.com)

  1. Damaged Items :

If you receive a damaged item, you have three (3) days from time of delivery to inform Art of Music, by phone, email or website inquiry.  We will schedule a pick up from our carrier and repair any/ all damage.  The time to fix such items is approximately 4-6 weeks but is determined by the carrier and the specific insurance claim.

  1. Secure Ordering

To provide credit card security and keep your personal information safe, Art of Music uses Secure Socket Layer (SSL) technology, the industry-standard encryption technology for secure Internet transactions.  All of your information is encrypted. To protect your information once it is received by the Art of Music. Our firewalls are designed to keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser.

  1. Modifications to Terms

Art of Music may change, modify, add and/or delete portions of these Terms from time to time by posting updated Terms on the Sites, which shall apply to your use of the Sites after such changes, modifications, additions and/or deletions have been posted and made effective. Please review these Terms periodically for any updates or changes. Your continued use of the Sites following the posting of any updates, additions, deletions and/or changes to these Terms means that you accept and agree to such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Sites.  Sections 1-6 and 9-21 of these Terms shall survive any such termination

 

10.      Termination or Modifications to Site

Art of Music reserves the right to modify or terminate your access to the Sites (or portions of the Sites) at any time, temporarily or permanently, with or without notice to you. Art of Music may alter, suspend or discontinue the Sites in whole or in part at any time and for any reason, without notice. You acknowledge and agree that Art of Music will not be liable to you or any third party in the event that Art of Music exercises its right to modify or terminate access to the Sites or portions of the Sites.

 

11.       Your Privacy

Art of Music will treat any information it collects from you in accordance with its Privacy Policy. Please review the Privacy Policy before you use the Sites. If you are unwilling to accept the practices outlined in the Privacy Policy, we ask that you not use the Sites.

 

12.      Typographical Errors; Colors

Our goal is to provide complete, accurate, and up-to-date information on our Sites. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. The Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Art of Music therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Prices displayed on the Sites are quoted in U.S. currency and are valid and effective only in the United States.  Prices are subject to change at any time. In some cases, merchandise displayed on the Sites may not be available in Art of Music physical stores. Stores may also have different prices or promotional events at different times. In the event that any merchandise or product offered on the Sites is mistakenly listed at an incorrect price, Art of Music reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Art of Music reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Art of Music will issue a credit to your credit card in the amount of the incorrect price.

In addition, we have done our best to display as accurately as possible the colors of the products shown on the Sites. However, because the colors you see will depend on the display and color capabilities of your device monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

3.            Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ART OF MUSIC’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.  Art of Music MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

14.           Limitation of Liability

IN NO EVENT SHALL Art of Music, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITES OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITES, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN Art of Music HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.  THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, COMMUNICATIONS FAILURE, THEFT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT BODILY INJURY, PROPERTY DAMAGE, STRIKES OR ANY FORCE MAJEURE.  YOU ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ANY AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES.  YOU AGREE THAT ACCESS TO AND USE OF THE SITES AND SERVICES PROVIDED IN CONNECTION THEREWITH AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. If, notwithstanding the other provisions of these Terms, Art of Music is found to be liable to you or any third party for any damage or loss which arises out of your use of the Sites or any Content or services provided in connection with the Sites, Art of Music liability shall in no event exceed the greater of (a) the total of the last order completed in the six (6) months prior to the date of the initial claim made against Art of Music, or (b) $100.00.  Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances.  Therefore, some of the foregoing limitations may not apply to you.

You agree that any claim or cause of action arising out of these Terms or your use of the Sites must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Art of Music to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

15. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of the Sites or the purchase of products from Art of Music through the Sites requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Art of Music intellectual property rights, Art of Music may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Las Vegas, Nevada, U.S.A., in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The award of the arbitrators may be enforced in any court having jurisdiction thereof.  Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Nevada or to any Federal Court located within the State of Nevada for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.  Should this Section 19 be deemed invalid or otherwise unenforceable for any reason, it shall be severed.  In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal court in Nevada and each party hereby waives any defense related to personal jurisdiction, process or venue.

 

16.   Acknowledgement

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

17. General Art of Music may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of Art of Music. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.  Art of Music failure to act with respect to a breach by any user using the Sites does not constitute a waiver of its right to act with respect to subsequent or similar breaches.  These Terms will be governed by and construed in accordance with the laws of the State of Nevada without regard to its choice of law provisions.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  These Terms, the Privacy Policy, and any modifications to the foregoing constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.