Your access to
and use of the GOOD
MUSIC Store (referred to as the
Site below), is governed by the following terms
and conditions, the Privacy Policy, any other
policies posted on the Site, as well as any
applicable laws, statutes, ordinances and
regulations. By browsing, using, accessing or
purchasing from this Site, you agree to be bound
by these Terms of Use.
Copyrights, Trademarks and Other
Proprietary Rights
All content on the Site, including text,
software, photos, video, graphics, music and
sound, is subject to protection by copyright,
trademark, and other proprietary rights. In
addition, the entire contents of the Site are
copyrighted as a collective work under the
applicable copyright laws and Good Music Store
owns the copyright in the selection,
coordination, arrangement and enhancement of
such content. Each third party content provider
owns the copyright in content original to it.
All trademarks appearing on the Site are the
property of their respective owners, including,
in some instances, Good Music Store.
You may print or have printed by any third party
any downloadable material contained on this Site
provided that: (i) the material is solely for
non-commercial and personal use; (ii) no
copyright, author attribution, trademark, legend
or other proprietary notice is removed from the
material; and (iii) the material is not altered
in any manner. Except as expressly provided
herein, you may not modify, create derivative
works, copy, redistribute, publish, transmit,
display or in any way exploit any content or
material from the Site without the express
written permission of Good Music Store and the
respective copyright owner(s). You acknowledge
that you do not acquire any ownership rights by
downloading copyrighted material.
Good Music Store has carefully designed the Site
with the purpose of delivering certain content
to users in a particular format and with a
particular appearance. No third party shall have
the right to utilize the content of the Site in
any way that interferes with that purpose. In
particular, Good Music Store prohibits any party
from displaying the content on the Site in any
format where third party advertising or other
materials that Good Music Store did not
authorize is viewed or viewable together with
Good Music Store's proprietary content.
The foregoing provisions of this Section are for
the benefit of Good Music Store, its affiliates,
third party content providers and licensors, and
each shall have the right to assert and enforce
such provisions directly on its own behalf.
Users Over 13
This Site is intended for use by individuals
over the age of 13.
Your Obligations.
You are responsible for maintaining the
confidentiality of your PayPal account and
password and for restricting access to your
account. You agree to accept responsibility for
all activities that occur under your account or
password. You shall provide Good Music Store
with accurate, complete and updated information
about you at any time you communicate with us
via email regarding any matter. You shall be
responsible for obtaining and maintaining all
telephone, computer hardware, and other
equipment needed for access to and use of the
Site and all charges related thereto. You agree
to comply with all applicable laws, statutes,
ordinances and regulations regarding your use of
the Site and your purchase of the items on the
Site.
Disclaimer of Warranty; Limitation of
Liability.
(a) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS
AT YOUR SOLE RISK. NEITHER GOOD MUSIC STORE NOR
ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS,
SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE OR PRODUCTS PROVIDED
THROUGH THE SITE.
(b) THE SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION, UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(c) THE DISCLAIMERS OF LIABILITY CONTAINED IN
THIS SECTION APPLY TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT GOOD MUSIC STORE IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
(d) IN NO EVENT WILL THE GOOD MUSIC STORE OR ANY
PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING, DISPLAYING, OR DISTRIBUTING THE SITE
BE LIABLE TO USERS OF THE SITE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SITE OR OUT OF THE BREACH OF ANY
WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE. GOOD MUSIC STORE’S
LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT
EXCEED THE TOTAL AMOUNT PAID TO THE GOOD MUSIC
STORE BY YOU.
(e) GOOD MUSIC STORE NEITHER ENDORSES NOR IS
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT ON THE SITE,
NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE
POSTING MADE BY ANYONE OTHER THAN AUTHORIZED
GOOD MUSIC STORE EMPLOYEE SPOKESPERSONS WHILE
ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO
CIRCUMSTANCES WILL GOOD MUSIC STORE BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE
ON INFORMATION OBTAINED THROUGH THE CONTENT ON
THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT
AVAILABLE THROUGH THE SITE. PLEASE SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
(f) EXCEPT AS EXPRESSLY STATED HEREIN OR
ELSEWHERE ON THE SITE, GOOD MUSIC STORE DOES NOT
ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR
SERVICES OFFERED THROUGH THE SITE. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. GOOD MUSIC STORE MAKES PRODUCTS OR
SERVICES AVAILABLE ON THE SITE WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE
IMPLIED BY, AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION, UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. IN NO EVENT WILL
GOOD MUSIC STORE, ITS SUPPLIERS OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, SHARE HOLDERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE
SOLD OR PROVIDED ON THE SITE. GOOD MUSIC STORE'S
LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT
EXCEED THE TOTAL AMOUNT PAID TO THE GOOD MUSIC
STORE BY YOU.
Indemnification.
You agree to indemnify, hold harmless
and, upon request, defend, Good Music Store, its
affiliates and their respective directors,
officers, employees, and agents from and against
all claims and expenses, including attorneys'
fees, arising out of or relating to your
browsing or use of this Site, content you
transmit to this Site, your violation of any
rights of another, or your breach of these Terms
of Use. Good Music Store reserves the right, at
its own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by you, and you shall not in any
event settle or otherwise dispose of any matter
without the prior written consent of Good Music
Store.
Additional Terms and Conditions
for Certain Products.
With respect to products and services
offered for sale by Good Music Store and third
parties through the Site (including Series
products), additional terms and conditions,
including but not limited to pricing, methods of
payment, shipping and handling, credit card
information, sales tax, return and refund
policies, and applicable privacy policies, may
be set forth on the screen where you make the
purchase. All orders are subject to availability
of products and acceptance of orders by Good
Music Store. Good Music Store reserves the right
to reject any order and to limit quantities.
Good Music Store does not warrant that product
descriptions, prices, or other content on the
Site is accurate, complete, reliable, current,
or error free. Good Music Store has no
obligation to honor incorrect pricing or other
information, whether resulting from
typographical errors or otherwise. If a product
offered on the Site is not as described, the
sole remedy is to return it for a refund.
Miscellaneous.
These Terms of Use and any other operating rules
or policies for the Site established by the Good
Music Store constitute the entire agreement of
the parties with respect to the subject matter
hereof, and supersede all previous written or
oral agreements between the parties with respect
to such subject matter. No waiver by either
party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or
subsequent breach or default. The section
headings used herein are for convenience only
and shall not be given any legal import. You
agree that any cause of action arising out of or
related to the Site or these Terms of Use must
commence within one (1) year after the cause of
action arose; otherwise such cause of action is
permanently barred.
Claims of Infringement.
You agree that Good Music Store has the right,
but not the obligation, to monitor, edit,
disclose, refuse to post, or remove at any time,
for any reason in its sole discretion, any
material and content anywhere on the Site,
including but not limited to products, photos,
descriptions and/or audio. Notwithstanding this
right, Good Music Store assumes no
responsibility or liability for any infringing
content.
If notified as outlined below, Good Music Store
may investigate an allegation that content
offered on this Site is in violation of these
Terms of Use and determine whether to have the
product removed from this Site. However, Good
Music and its officers, shareholders or
employees assume no responsibility or liability
arising from or relating to any such content,
including but not limited to any error,
defamation, libel, slander, omission, falsehood,
infringement of name and likeness, right to
market, obscenity, pornography, profanity,
danger, or inaccuracy contained therein.
If you believe that your work has been copied or
is otherwise accessible on the Site in a way
that constitutes copyright or other
infringement(s), you may notify Good Music Store
via email (at support@good-music.biz).
Please allow us 10 (ten) business days to reply.
It is important that you provide details of the
alleged infringement as follows:
1. A physical or electronic signature of person
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. 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;
3. 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
Good Music Store to locate the material;
4. Information reasonably sufficient to permit
Good Music Store to contact the complaining
party, such as an address, telephone number, and
if available, an electronic mail address at
which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the
notification is accurate, and under penalty of
perjury, that the complaining party is
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Please be aware that Good Music Store takes
great care to assure that all of the CDs/DVDs
we offer arein
full compliance with all applicable laws,
and assume them to be so unless we are
furnished proof of a court finding
to the contrary. We
do not automatically remove a CD/DVD from our
inventory just because someone claims
infringement without providing proof in the
form of a legal judgment by a court. To do
otherwise would be to invite reckless,
malicious and/or unsupportable accusations of
infringement to be made in which the
manufacturer, distributor and/or Good Music
Store is presumed guilty and penalized before
proof of guilt is even established.
Although Good Music Store reserves the right (as
outlined above) to remove any content for any
reason, in most cases, the CD/DVD in question
must be adjudicated illegal before we will
remove it.
Further be aware that we have attorneys
(solicitors) at hand to deal with any legal
challenges that may arise. Have no doubt that we
will respond with a full retaliatory
counterclaim for monetary and any other damages
as appropriate if our lawyers and we deem a
legal threat against us lacks merit, is
frivolous, harassing or interferes in any way
with our lawful marketing of our legal products.
BE FOREWARNED AND GOVERN YOURSELVES ACCORDINGLY. GOOD MUSIC STORE
Unit 33297
P.O. Box 6945
London
W1A 6US
Telephone:
+44-2033183469 (Please
DO NOT call with questions about the
status of your orders; email us at support@good-music.biz
instead).
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