YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT MUZIK MAKES FROM TIME TO TIME.
SOLE AND EXCLUSIVE REMEDY TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUZIK, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, PRODUCTS AND/OR SERVICE, OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICE, EVEN IF MUZIK AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MUZIK OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR USE OF THE SITE OR SERVICE DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE. MUZIK WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD
THE SITE, PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MUZIK MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. MUZIK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- LIMITATION OF LIABILITY
The Site and the Service are not directed toward children under 13 years of age nor does Muzik knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Muzik.
- DISCLAIMER OF WARRANTIES
Muzik does not claim ownership of any materials you submit, upload, post or otherwise provide to the Site (the “Submissions”). At Muzik’s sole discretion, such Submissions may be included in the Service in whole or in part or in a modified form. With respect to such Submissions, you grant Muzik a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such Submissions, or any part thereof, in any form, technology or media now known or later developed. You hereby represent, warrant and covenant that any Submissions you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 9. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Submissions. You also grant other users of the Site permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Submissions in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your Submissions. We do not guarantee any confidentiality with respect to any of your Submissions, and it is your responsibility to protect any rights that you may have in your Submissions. Please also be aware that any personally identifiable information that you choose to include in your Submissions for publication on the Site will not be protected. If Muzik has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Submissions in compliance with Section 5 of the Federal Trade Commission Act. Muzik has the right, but not the obligation, to screen, monitor, record, edit, reject or remove any of your Submissions from time to time without notice or further permission from you, to the fullest extent permitted by law. Any information obtained by monitoring or recording may be subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity.
The Site and the Service are operated by Muzik in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
MuzikTM, Muzik app and the circle M logo are trademarks/service marks of Muzik. Unauthorized use of any Muzik trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyrights and other rights.
All material and information contained on the Site and included in the Service, including without limitation, text, images, layout, design, software and downloadable software applications, audio and video files and databases (collectively, “Content”), are the exclusive property of Muzik or its suppliers. Muzik and its suppliers retain all right, title and interest in and to the Content including, but not limited to, all copyrights, trade secret rights, trademark rights, database rights and all other intellectual property rights of any kind or nature under the laws of the United States, other countries, international conventions, and other applicable laws. Except as specifically and explicitly provided elsewhere in these ToU, Muzik does not grant you any right, express or implied, in any Content.
Muzik respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Muzik maintains a policy of terminating, in appropriate circumstances, users who use the Site and/or Service to infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
c/o William Cannon, Esq.
Wells Fargo Capitol Center
150 Fayetteville Street
Raleigh, NC 27601
The Service includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by these ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for Muzik to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT MUZIK WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
- INTELLECTUAL PROPERTY
Links from the Site.
The Site may contain links to websites operated by other parties. Muzik provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Muzik, and Muzik is not responsible for the content available on the other websites. Such links do not imply Muzik’s endorsement of information or material on any other website and Muzik disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site.
Unless otherwise set forth in a written agreement between you and Muzik, you must adhere to Muzik’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Muzik’s and/or its licensors’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false impression that your organization or entity is sponsored by, affiliated with, or associated with Muzik, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking site, and (iv) Muzik reserves the right to revoke its consent to the link at any time and in its sole discretion.
- SOCIAL NETWORKS
Use of Site and Service.
Muzik provides you a personal, revocable, non-exclusive, non-transferable license to use the Site and Service conditioned on your continued compliance with these ToU. Muzik permits you, on an occasional and irregular basis, to print and download Site Content (defined below) solely for your personal, non-commercial use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary rights contained in or associated with the Content. You agree not to license, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. Muzik reserves the right to add or remove information, Content or services from the Site at any time at its sole discretion. No Violation of Laws.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). Misuse of Site and/or Service.
You may not connect to or use the Site and/or Service in any way not expressly permitted by these ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Muzik and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
No Commercial Uses.
You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
No Data Mining or Harmful Code.
You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
The Site and Service contains services and features that are available to or through certain mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee that any or all services will work with or be accessible through all carriers or devices.
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders will not be accepted for delivery outside of the United States. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Muzik’s acceptance of your order. Without prior notification, Muzik maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Muzik reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, Muzik will issue you a refund.
Muzik does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above. If you are under 18, you may use the Web Store only with involvement of a parent or guardian.
We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Muzik will not fulfill any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, sound quality, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free.
We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you agree to hold shipping service liable and to contact Muzik Consumer Support to resolve the issue. You agree not hold Muzik liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. All merchandise is shipped F.O.B. from any place we designate the merchandise leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
Products purchased from muzikconnect.com are easily returned within 30 days of receipt of shipment in accordance with our Return Policy: [www.muzikconnect.com/shipping-returns]. These Products must be in new condition with original packaging and accessories. Products missing the serial number or UPC cannot be accepted; refunds will not be issued for such items. You can return such items by contacting us at 1+844-696-8945 (844-MYMUZIK).
- RESTRICTIONS AND CONDITIONS OF USE
Muzik may make changes to the Site and/or the Service at any time. You understand that Muzik may discontinue or restrict your use of the Site and/or Service for any reason or no reason (including, but not limited to, any violation of these ToU) with or without notice. Muzik reserves the right to deny access to the Site and/or the Service to any person at Muzik’s sole and absolute discretion. Muzik may stop offering and/or supporting the Service at any time.
- ORDERS AND PAYMENT TERMS
- CHANGE/TERMINATION OF SITE/SERVICE