Marlene’s Music TERMS OF SERVICE
Marlene’s Music GENERAL TERMS OF SERVICE. Marlene’s Music and marlenesmusic.com are owned and operated by Marlene’s Music (referred to as “Marlene’s Music”, “we”, “our”, or “us”) on this website. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who is using this website or Services accessed through or provided on this website, including any content, updates and new releases, features, applications, online communities or promotions (individually and collectively, the “Services”). Please review these Terms of Service (“Terms of Service”) thoroughly, as they set forth the terms and conditions of your use of any Marlene’s Music products or Services.
1. AGREEMENT
1.1 Your use of this website and the products or services provided by Marlene’s Music (as defined below), is governed under these Terms of Service, along with the policies and agreements referenced below, and which are incorporated herein by reference and which you acknowledge and agree to be bound by.
1.2 The Services are available only to Users who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
1.3 If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your agreement to these Terms of Service, Marlene’s Music finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Marlene’s Music shall not be liable for any loss or damage resulting from Marlene’s Music’s reliance on any instruction, notice, document or communication reasonably believed by Marlene’s Music to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Marlene’s Music reserves the right (but undertakes no duty) to require additional authentication from you.
2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services as expressly provided below, and Marlene’s Music reserves all other rights in the Services not granted to you expressly in writing here. As long as you meet any applicable payment obligations and comply with these Terms of Service, Marlene’s Music grants to you a personal, limited, nonexclusive, nontransferable, non-sublicensable right to use the Services, subject to the provisions of the Terms of Service, only for the period of use provided in the ordering and purchasing terms, and only for the purposes described by Marlene’s Music on the website for the Services.
2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or these Terms of Service. For example, unless authorized by Marlene’s Music in writing, you agree you will not:
A. Provide access to or give any part of the Services to any third party.
B. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
If you violate any of these terms and/or these Terms of Service Marlene’s Music in its sole discretion reserves the right to pursue action to the maximum extent of applicable law related to this violation.
3. YOUR PRIVACY AND PERSONAL INFORMATION. Your privacy is important to us. You can view Marlene’s Music Privacy Policy on the Marlene’s Music website.
4. ADDITIONAL TERMS YOU AGREE TO
4.1 Communications choices. Marlene’s Music may be required by law to send you communications about the Services. You agree that Marlene’s Music may send these communications to you via email or by posting them on Marlene’s Music website. If you later decide that you do not want to receive future Communications electronically, please review the Marlene’s Music Privacy Policy to review your communications choices.
5. DISCLAIMERS
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered through the sites. In addition, neither we nor affiliates operate or control in any respext any information, products or services that third parties may provide on or though the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Marlene’s Music. Neither Marlene’s Music nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Marlene’s Music neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Marlene’s Music representative while acting in his/her official capacity.
6. DISCLAIMER OF WARRANTIES
6.1 YOUR USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARLENE’S MUSIC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. MARLENE’S MUSIC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
7. LIMITATION OF LIABILITY AND INDEMNITY.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MARLENE’S MUSIC, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, MARLENE’S MUSIC AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
7.2 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
7.3 THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
7.4 You agree to indemnify and hold Marlene’s Music and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of this website or the Services or breach of these Terms of Service (collectively referred to as “Claims”). Marlene’s Music reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Marlene’s Music in the defense of any Claims. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this website or the Services found at this website.
7.5 Limitations on linking and framing.
You may establish a hyperlink to the Site so long as the link does not state or imply sponsorship of your site by Marlene’s Music or by the Site. However, you may not frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
8. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change these Terms of Service from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review these Terms of Service periodically on this website for changes. We have the right to change any of the terms of these Terms of Service upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, and other product-related policies. Any such changes are effective when posted or as otherwise stated in the mode of notification(s), and your continued use of the Services after Marlene’s Music posts or otherwise notifies you of any changes indicates your agreement to the changes.
9. GOVERNING LAW AND JURISDICTION. [California state law governs these Terms of Service without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms of Service, you and Marlene’s Music agree to the exclusive jurisdiction of state courts in Orange County, California U.S.A. or federal court for the Central District of California, Southern Division.] Marlene’s Music does not represent that information on the website for the Services is appropriate or available for use in all countries. Marlene’s Music prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
10. GENERAL. These Terms of Service replace any prior agreement, understandings or communications between you and Marlene’s Music, whether verbal or written, with respect to Marlene’s Music’s provision of the services described herein. If any part of these Terms of Service is deemed invalid in any court of law having jurisdiction, that section will be removed without affecting the validity or enforceability of the remainder of these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Marlene’s Music may assign or transfer this agreement without your consent for any reason to an Affiliate, to a successor by merger, or to another entity by acquisition or sale of Marlene’s Music’s assets or otherwise. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
11. PRODUCTS AND SERVICES
11.1. Payments and Refunds
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit third party’s personal information to us or a merchant, you represent that you have obtained express consent of such third party to provide such third party’s personal information.
11.2. Payment. Required upon purchase of any product or service:
A. You must pay with one of the following:
1. A valid credit card acceptable to Marlene’s Music;
2. A PayPal account;
11.3 Refunds. All sales are final. There are no refunds or exchanges.
11.4 Delivery
A. Physical products. The shipping of any physical goods is processed and shipped in a timely manner, we make no promise or guarantee (expressed or implied) as to the time or your product delivery. Your items will be prepared for shipping within 3 business days, Typical delivery time can range from 5-7 business days depending on the ship-to address and other variables. At this time all items are shipped from California, USA. Any applicable sales tax will be applied to your order.
International orders. Duty is not collected and if applicable, is the customer’s responsibility and will be paid directly to the carrier.
B. Downloadable products. All downloadable products may only be downloaded to one device. Download processing must be completed within 21 days of transaction date. As allowable by applicable laws, downloaded content may not be transferred, shared, or otherwise given to another.
12. VIOLATIONS. Please report any violations of these Terms of Service to info@marlenesmusic.com
Updated 2017-12-05