User Agreement, Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS BY WHICH BRAZIL MUSIC STORE OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain name brazilmusicstore.com and his mirrors (the "Site"). The term "user" includes anyone who accesses information on our system for any purpose.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Site; any such use is prohibited and unauthorized. You must read, agree with and accept all of the terms and conditions contained in this User Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may choose to access and use our Site.
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 as they are posted on the Site.
This Agreement is effective on April 1, 2005 for all users.
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 children (persons under the age of 18) or to temporarily or indefinitely suspended Brazil Music Store registered users. 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.
Brazil Music Store reserves the right to cancel an order or part of an order at any time. If payment has already been made, Brazil Music Store will refund the user of the canceled item(s).
Brazil Music Store will do its best to ensure delivery time but it is not responsible for delays of orders in back order status or delays of the delivery service chosen by the user during the purchase.
Without limiting any other remedies, Brazil Music Store may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with the Site.
Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Brazil Music Store by our users or 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 Brazil Music Store 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; (iv) access user email addresses and/or any other user information for the purpose of solicitation or commercial use.
Without limiting other remedies, we may limit your activity, immediately remove your purchase orders or item listings, warn our community of your actions, 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; (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.
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 for the activities of this website. 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, OUR 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 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.
IN NO EVENT SHALL WE, OUR 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 AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, 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. 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.
Resolution of Disputes
In the event a dispute arises between you and Brazil Music Store, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to other alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
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.
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.
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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.