|
 |
Categories |
 |
|
 |
Manufacturers |
|
|
|
Information |
|
|
|
| Conditions of Use |
 |
|
|
THE FOLLOWING DESCRIBES THE TERMS ON WHICH MSI OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the Registration / Users agreement (the "Agreement" or "Registration/"User Agreement") for MSI’s E-Commerce website. This Agreement is made between you and MSI and the following describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.marylandsound.com (the "Site.")
The MSI site is a venue in which various items are listed for sale. MSI reserves the right to cancel any listings and suspend any and all users that violate our policy. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read and accept all of the terms and conditions contained in this Registration / User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and above and those incorporated by reference, before you may become purchase from MSI.
We strongly recommend that as you read this Registration / User Agreement you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as an MSI site user. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and MSI. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on March 3rd, 2008 for all users.
Eligibility:
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 18. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your MSI account may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Identity Verification:
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MSI cannot and does not confirm each user's purported identity.
Release:
You release MSI (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes as fraudulent credit card use, etc. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
We may decide to charge Fees and administer a Credits Policy and then again change our policy for fees and/or our services at a later time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. If we change our policy at a later time and decide to charge certain fees for our services, you are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
Fraud:
Without limiting any other remedies, MSI may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Buying:
As a buyer, you are obligated to complete the transaction with MSI. By purchasing an item you agree to be bound by the conditions of sale included in the item's description.
Your Information:
Definition," Your Information" is defined as any information you provide to us or through any email feature. You are solely responsible for Your Information.
Activities that are Restricted:
Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or otherwise whether it be adult in nature or harmful to minors.
Viruses:
Any viruses, Trojan horses, worms, time bombs, cancel-bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that: A: are prohibited under this Agreement.
License:
You Solely Agree to enable MSI to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, or to sub license (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. MSI will only use Your Information in accordance with our Privacy Policy.
Interference and Access:
The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to MSI by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of MSI and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Breach:
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
No Warranty:
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limit of Liability:
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF A) The cost of the item, and B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Agency:
You and MSI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Legal Compliance:
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service, purchase, solicitation of offers to purchase, and sale of items.
Indemnity:
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Notices:
Except as explicitly stated otherwise, any notices shall be given by postal mail to MSI Attn: Martha Monnen 4900 Wetheredsville Road, Baltimore, MD 21207 (in the case of MSI) or to the email address you provide to MSI during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Audio Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes:
In the event a dispute arises between you and MSI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MSI agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved as mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
General Provisions:
This Agreement shall be governed in all respects by the laws of the State of Maryland as such laws are applied to agreements entered into and to be performed entirely within Maryland between Maryland residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MSI in accordance with Section "Notices", in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Services and Fees:
With respect to fees owed for our services, (Release), (License), (Access and Interference), (Liability Limit), (Indemnity), (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
Disclosures:
The services hereunder are offered by MSI, located at 4900 Wetheredsville Rd Baltimore, MD 21207. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections check with your Internet service provider.
Disputes between you and MSI regarding our services may be reported to Martha@msihc.com - Customer Support. We encourage you to report all disputes and for you to contact your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
|
|
|
|
|
| 0 items |
|
|
|
|
Bestsellers |
|
|
|
Quick Find |
|
|
|
