See also: Returns Policy
Introduction
These Service Standard Terms and Conditions written on this page shall manage your use of our Service, Bookmark Music, accessible via online website at https://bookmarkmusic.com. These Terms will be applied fully and affect to your use of this Service. By using this Service, you agree to accept all terms and conditions written in here. You must not use this Service if you disagree with any of these App Standard Terms and Conditions. These Terms and Conditions are to be used in conjunction with the Privacy Policy. People below 13 years old are not allowed to use this Service. “Bookmark Music” (TM) is a registered business name. Use without permission is prohibited. Other than the content you own, under these Terms, Bookmark Music and/or its licensors own all the intellectual property rights and materials contained in this Service. You are granted a limited license only for purposes of viewing the material contained on this Service.
Restrictions
You are specifically restricted from all of the following:
- using this Service in any way that impacts user access to this Service;
- using this Service contrary to applicable laws and regulations, or in any way
- may cause harm to the Service, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
Shipping
Bookmark Music ships merchandise to domestic (U.S. via U.S.P.S. unless other arrangements are made) and international destinations via a per-order carrier basis. Title for order merchandise and risk of loss transfers to the buyer when goods are delivered to the shipping carrier. The customer is responsible for import duties and regulations. Bookmark Music is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
Orders using California billing or shipping addresses will be charged the Pacific Grove, CA, Sales Tax. Other locations will be charged sales tax where applicable for their state.
Your Content
In these Service Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Service. By displaying Your Content, you grant Bookmark Music a non-exclusive, worldwide irrevocable, sub-licensable license to store and present this data to applicable parties. Your Content must be your own and must not be invading any third-party’s rights. Bookmark Music reserves the right to remove any of Your Content from this Service at any time without notice.
Warranty
This service is provided “as is,” with all faults, and Bookmark Music expresses no representations or warranties, of any kind related to this service or the materials contained on this service. Also, nothing contained on this service shall be interpreted as advice. Bookmark Music reserves the right to deny access to this service to anyone for any reason at any time.
The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Service is provided by the advertiser or manufacturer only, and not by Bookmark Music.
The references and descriptions of products or services within the Service materials are provided “as is” without any warranty of any kind, either express or implied. Bookmark Music is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Service or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Service are the sole responsibility of the companies providing the information (“advertisers”), and not Bookmark Music.
The inclusion of material on this server does not imply any endorsement by Bookmark Music, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Bookmark Music tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Limitation Of Liability
In no event shall Bookmark Music, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this service whether such liability is under contract. Bookmark <usic, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this service.
Indemnification
You hereby indemnify to the fullest extent Bookmark Music from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Bookmark Music is permitted to revise these Terms at any time as it sees fit, and by using this Service you are expected to review these Terms on a regular basis.
Assignment
Bookmark Music is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Bookmark Music and you in relation to your use of this Service and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of California, USA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.
Changes To These Terms and Conditions
We may update our Terms and Conditions from time to time with on-website notice. The “effective date” is present at the top of these Terms and Conditions.
You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page. You will receive a website notice of policy changes outside of wording, including a summary and a link to view our policies.
Contact
If you have any questions/comments/concerns about this Terms and Conditions, you may send an email to info@bookmarkmusic.com with your inquiry.