TERMS of SERVICE
This web site and the information provided herein are provided on an “as is” basis. Neither MusicNCamera.com nor its parent company, affiliates, nor each of their representative officers, directors, employees, and agents warrant that the use of the MuiscNCamera.com site will not be interrupted or error-free, nor do we warranty the accuracy, validity, completeness, or reliability of the content provided on the site.
TERMS AND CONDITIONS OF USE
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit MusicNCamera or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Welcome to our online store! Music & Camera and its associates provide their services to you subject to the following terms and conditions. If you visit or shop within this website, you accept these terms and conditions. If you do not agree to any of these terms and conditions, then please do not use our website as your continued use of our website shall constitute your acceptance of our Terms and Conditions of Use. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Music & Camera or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Music & Camera or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Music & Camera, with copyright authorship for this collection by Music & Camera, and protected by international copyright laws.All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MusicNCamera or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MuiscNCamera, with copyright authorship for this collection by MusicNCamera, and protected by international copyright laws.
CLAIMS OF COPYRIGHT INFRINGEMENT
Music & Camera respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing sending an email to firstname.lastname@example.org or letter to Music & Camera, 2120 hutton dr, Carrollton TX -75006 with the following information consistent with 17 U.S.C 512(c)(3):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Music & Camera that your copyrighted material has been infringed. The preceding requirements are intended to comply with Music & Camera’s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Music & Camera has adopted a policy of terminating, in appropriate circumstances and at Music & Camera’s sole discretion, members who are deemed to be repeat infringers. Music & Camera may also at its sole discretion limit access to and/or terminate the member account of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Music & Camera’s trademarks and trade dress may not be used in connection with any product or service that is not Music & Camera’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Music & Camera. All other trademarks not owned by Music & Camera or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Music & Camera or its subsidiaries.
LICENSE AND SITE ACCESS
Music & Camera grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Music & Camera. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Music & Camera. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Music & Camera and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Music & Camera’s name or trademarks without the express written consent of Music & Camera. Any unauthorized use terminates the permission or license granted by Music & Camera. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Music & Camera so long as the link does not portray Music & Camera, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Music & Camera logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Music & Camera immediately of any unauthorized use of your account or any other breach of security. Music & Camera will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Music & Camera or another party due to someone else using your account or password. IT IS THE EXPRESS POLICY OF Music & Camera THAT YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME, WITHOUT THE WRITTEN PERMISSION OF THE ACCOUNT HOLDER.If you are under 18, you may use our website only with involvement of a parent or guardian. Music & Camera and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Music & Camera reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Music & Camera and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Music & Camera and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Music & Camera or its associates for all claims resulting from content you supply. Music & Camera has the right but not the obligation to monitor and edit or remove any activity or content. Music & Camera takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Music & Camera are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Music & Camera and its associates attempt to be as accurate as possible. However, Music & Camera does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Music & Camera itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Music & Camera ON AN “AS IS” AND “AS AVAILABLE” BASIS. Music & Camera MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Music & Camera DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Music & Camera DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Music & Camera ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Music & Camera WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT Music & Camera SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
By visiting Music & Camera, you agree that the laws of the state of Texas, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Music & Camera or its associates.
Any dispute relating in any way to your visit to Music & Camera or to products you purchase through Music & Camera shall be submitted to confidential arbitration in Texas, United States, except that, to the extent you have in any manner violated or threatened to violate Music & Camera’s intellectual property rights, Music & Camera may seek injunctive or other appropriate relief in any state or federal court in the state of TEXAS, UNITED STATES, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Music & Camera. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.