Welcome to museummusic.com. Access to and use of this website, including the Shopping Cart, are subject to the terms and conditions set forth below. We suggest that you carefully review this material. By visiting this website, you agree to accept and be bound by these terms and conditions.
1. COPYRIGHT
All content included on this website, including without limitation images, text, data, documentation, graphics, logos, button icons, audio clips, digital downloads, data compilations, software and other information contained herein (collectively, the “Content”), is protected by US and international copyright laws, regulations and treaties, and may be covered by other rules and restrictions. The Content is the exclusive property of Museum Music, Inc. and/or its content suppliers, and all rights, title and interest therein are retained by Museum Music, Inc. and/or its content suppliers.
2. LICENSES AND RESTRICTIONS
Museum Music, Inc. grants you a limited license to access the Content for personal use only and not to download (other than page caching) or modify it, or any portion thereof, without the prior written consent of Museum Music, Inc. The Content, or any portion thereof, website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Museum Music, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of museummusic.com so long as the link does not portray Museum Music, Inc., its affiliates, or its website, products or services, in a false, misleading, derogatory or otherwise offensive or unflattering matter. You may not use any logo, service mark, trademark or any other proprietary graphic (collectively, “Trademarks”) of Museum Music, Inc., as part of the link without the prior written consent of Museum Music, Inc.
3. TRADEMARKS
Many of the Trademarks displayed on this website, including MUSEUM MUSIC, THE MUSEUM MUSIC COLLECTION, MASTERPIECES IN MUSIC, and the MM/Museum Music logo, are registered and/or unregistered marks of Museum Music, Inc. The Trademarks of third parties may also be displayed on this website. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this website without the prior written permission of Museum Music, Inc. or any third party that may own the Trademarks displayed on this website. Any unauthorized use of the Trademarks or any other Content, except as authorized in these Terms and Conditions, is strictly prohibited.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE AND THE CONTENT THEREOF ARE PROVIDED BY MUSEUM MUSIC, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSEUM MUSIC, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT THEREOF, INCLUDING ANY MATERIALS, PRODUCTS OR ITEMS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSEUM MUSIC, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUSEUM MUSIC, INC. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MUSEUM MUSIC, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ASSUMES NO RESPONSIBILITY IN CONNECTION THEREWITH. MUSEUM MUSIC, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
MUSEUM MUSIC, INC HAS NOT REVIEWED ALL OF THE WEBSITES LINKED TO THIS WEBSITE AND IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE CONTENT OF ANY OFF-SITE PAGES OR OTHER WEBSITES LINKED TO THE WEBSITE. YOUR LINKING TO ANY OFF-SITE PAGES OR OTHER WEBSITES IS AT YOUR OWN RISK.
5. RISK OF LOSS
The risk of loss and title for all items purchased by you via museummusic.com pass to you upon delivery of the item to the carrier.
6. GOVERNING LAW AND FORUM
By visiting museummusic.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that might arise between you and Museum Music, Inc. or its affiliates. You agree that any and all actions, proceedings or litigation relating in any way to your visit to museummusic.com or to any products you purchase through museummusic.com, shall be instituted and prosecuted solely within the County of New York, State of New York and you consent to the exclusive jurisdiction of the state courts of New York and the federal courts located within the State of New York and waive any defense of forum non conveniens.
7. MODIFICATIONS
Museum Music, Inc. reserves the right to modify or update these Terms of Use at any time, without notice. You are bound by any such modifications or updates. Accordingly, we urge you to periodically visit this page to review the then-current Terms of Use.
Effective Date: October 15, 2005
