Terms of Use
Welcome to DM Music Co. Our website is offered to you contingent upon your acceptance without modification of the Terms, conditions, and notices contained herein (the “Terms”). Your use of this website constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.
This is an e-commerce website intended for use by individuals ages thirteen and older. DM Music Co. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of thirteen, you may not use this website.
Privacy
Your use of https://www.dmmusicco.com/ is subject to the DM Music Co. Privacy Policy. Please review our Privacy Policy, which further governs the website and informs users of our data collection and use practices.
Electronic Communications
Visiting https://www.dmmusicco.com/ or sending emails to DM Music Co. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email and on the website satisfy any legal requirement that such communications be in writing.
Shipping & Return Policy
Please review the DM Music Co. shipping and return policies prior to purchasing goods from our website.
Links to Third Party Websites/Third Party Services
The DM Music Co. website may contain links to other websites (“linked websites”). The linked websites are not under the control of DM Music Co., and DM Music Co. is not responsible for the content of any linked website, including without limitation any link contained in a linked website, or any changes or updates to a linked website. DM Music Co. provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DM Music Co. of the website or any association with its operators.
Certain services made available via https://www.dmmusicco.com/ are delivered by third party websites and organizations. By using any product, service, or functionality originating from the https://www.dmmusicco.com/, you hereby acknowledge and consent that DM Music Co. may share such information and data with any third party with whom DM Music Co. has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.dmmusicco.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the DM Music Co. website strictly in accordance with these Terms of Use. As a condition of your use of the website, you warrant to DM Music Co. that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
All content included as part of the service, such as text, graphics, logos, and images, as well as the compilation thereof, and any software used on the website, is the property of DM Music Co. or its affiliates and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the DM Music Co. website. DM Music Co. content is not for resale. Your use of the website does not entitle you to make any unauthorized use of protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DM Music Co. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DM Music Co. or our licensors except as expressly authorized by these Terms.
International Users
The DM Music Co. website is controlled, operated, and administered from our office in the United States of America. If you access the website from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use DM Music Co. content accessed through https://www.dmmusicco.com/ in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless DM Music Co., its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the website. Further included is your violation of any Terms of this agreement, or your violation of any rights of a third party, applicable laws, rules, or regulations. DM Music Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DM Music Co. in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DM MSUC CO. AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
DM MSUCI CO. AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DM MUSIC CO. AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DM MUSIC CO. AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DM MUSIC CO. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Termination/Access Restriction
DM Music Co. reserves the right – in its sole discretion – to terminate your access to the website and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DM Music Co. as a result of this agreement or use of the website. The performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by DM Music Co. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DM Music Co. with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and DM Music Co. with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DM Music Co. reserves the right – in its sole discretion – to change the Terms of Use under which this website is offered. The most current version of the Terms will supersede all previous versions. DM Music Co. encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
DM Music Co. welcomes your questions or comments regarding these Terms of Use. Please contact DM Music Co. at:
DM Music Co.
4777 Casa Loma Avenue
Yorba Linda, CA 92886
Email: dmmusicco@gmail.com
Telephone: 714-944-8111
Effective as of November 3, 2015