1. Modifications: myMusicandVideo.com
may, in its sole discretion, amend this Agreement, at
any time, by posting an amended Agreement on the Site.
Such amended Agreement will become effective upon the
posting of such Agreement on the Site. Continued use of
the Site after such effective date constitutes acceptance
of the amended Agreement. myMusicandVideo.com reserves
the right, for any reason and at any time, in its sole
discretion, to modify, suspend, or terminate any portion
of the Site without notice.
2. Registration: As used in this Agreement,
the term "you" refers to both the individual
user and the business that the user represents. In requesting
a registration, or in any other communication with myMusicandVideo.com,
you may not impersonate or misrepresent an affiliation
with any other person or entity, nor may you attempt to
communicate with myMusicandVideo.com in an anonymous manner.
Upon your completion of a registration application and
acceptance of this Agreement, your registration application
will be reviewed by myMusicandVideo.com. myMusicandVideo.com
may, in its sole discretion, reject your application for
any reason and/or terminate your access to the Site at
any time for any reason.
3. Grant of License: Subject to the terms
and conditions of this Agreement and any other rules or
procedures established by myMusicandVideo.com from time
to time, myMusicandVideo.com hereby grants to you a revocable,
nonexclusive, nontransferable license, without the right
to sublicense, to use this Site solely for internal business
purposes. Except as expressly set forth herein, you may
not modify, copy, distribute, transmit, reproduce, publish,
license, transfer, sell, mirror, frame, or otherwise use
any information or content obtained from or through the
Site. You represent and warrant to myMusicandVideo.com
that you will not use this Site for any purpose that is
unlawful or prohibited by this Agreement. You are responsible
for providing, at your expense, all communications lines,
hardware, software, services and other materials and technology
necessary for you to access the Site. myMusicandVideo.com
shall have no responsibility for any failure of such items
or any failure or limitation of the Internet or other
computer hardware or software.
4. Warranty Disclaimer: myMusicandVideo.com
makes no representations or warranties about the site
or the suitability, legality, or accuracy of the information,
products, and services described or contained on the site.
The site and all such information, products and services
are provided "AS IS" withour warranty of any
kind, including all implied warranties of merchantability,
fitness for a particular purpose, title, and non-infringement.
5. Limitation of Liability: In no event
shall myMusicandVideo.com be liable for any indirect,
punitive, incidental, special, or consequential damages
arising out of or in any way connected with the use of
this site or with the delay or inability to use this site,
or any information, products, and services available on
or through this site, including without limitation, loss
of revenue or anticipated profits or lost business or
lost sales, whether based in contract, tort (including
negligence), strict liability, or otherwise, even if myMusicandVideo.com
has been advised of the possibility of damages. Because
some states/jurisdictions do not allow the exclusion of
limitation of liability for consequential or incidental
damages, the above limitation may not apply. The total
liability of myMusicandVideo.com related to or arising
from use of this site, whether based in contract, tort
(including negligence), strict liability, or otherwise,
shall not exceed, in the aggregate, one hundred dollars,
even if myMusicandVideo.com has been advised of the possibility
of such damage. These limitations shall apply notwithstanding
any failure of essential purpose of any limited remedy.
6. Indemnity: You hereby agree to defend
and indemnify myMusicandVideo.com and its respective affiliates,
and all of their officers, directors, shareholders, legal
representatives, employees, successors, assigns, and agents
and hold them harmless from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys' fees and
litigation expenses), relating to or arising from (i)
your use of this Site, (ii) your breach of this Agreement,
(iii) your dispute with another user of the Site, or (iv)
any Asset posted on, or sold through, the Site. You shall
not settle or otherwise dispose of any matter that is
subject to indemnification by you without the prior written
consent of myMusicandVideo.com. myMusicandVideo.com reserves
the right to assume the exclusive defense and control
of any matter subject to indemnification by you.
7. Events Beyond The Control of myMusicandVideo.com:
myMusicandVideo.com will not be liable for any loss resulting
from a cause over which it does not have direct control,
including, but not limited to, failure of electronic or
mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes,
or natural disasters, strikes or other labor problems,
wars, or governmental restrictions.
8. Governing Law: This Agreement is governed
by the laws of the State of New York, U.S.A. without regard
to any provision that would make the laws of another jurisdiction
applicable. You consent to the exclusive jurisdiction
and venue of the federal and state courts sitting in New
York, New York U.S.A. with respect to any disputes to
which myMusicandVideo.com is a party which may arise in
relation to the Site or the information and products available
on or through the Site
9. Reservation of Rights: Except as expressly
set forth in this Agreement, myMusicandVideo.com grants
no rights whatsoever to you or any user of the Site in
the patent(s), copyright(s), trademarks, trade names,
service marks, trade secrets or other intellectual property
rights of myMusicandVideo.com, including, without limitation,
any rights in myMusicandVideo.com, whether created prior
to, during or after the performance of this Agreement.
Users can send e-mail to us at privacy@myMusicandVideo.com
with any further questions.
10. Ordering Information: At this time
MyMusicandVideo.com accepts orders from customers
within the United States,Canada, World Wide as well as APO/FPO
military addresses. Your order will be processed as quickly
as possible upon receipt of payment method, usually within
24 hours. During your checkout, should you have a mix
of both in and out-of-stock items, you will be given the
option of shipping the available items and the balance
later, or shipping the entire order at once. Note: Shipping
as items become available may incur additional shipping
charges. Delivery times will vary based on the method
of shipment selected and your geographic location. We
accept Visa, MasterCard, Discover and American Express.
Charges on your credit card statement will display "myMusicandVideo.com"
as the merchant.
11. Shipping Charges: All orders will be shipped via U.S. Postal Service First Class.
Shipping Rates: USA: $2.99; Canada: $4.49; World Wide: $5.99.
You will receive an email notification once your order has been shipped.
12. Returning Product: In the unlikely
event you need to return product to us, please contact
our Returns Department by clicking here
customerservice@mymusicandvideo.com. Please include
your name, purchase order number and packing list number on your shipping invoice,
and your reason for returning the product. In turn, we will
provide you with a Return Merchandise Authorization Number
(RMA Number).
13.Contact
To contact myMusicandVideo.com with questions concerning
your order, please e-mail us at
customerservice@mymusicandvideo.com
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