TERMS AND CONDITIONS – T.O.U.
You understand that MusicDistribution.us and Deep City Music Distribution is a privately owned entity and your use is consent to hold-harmless this company, partner, website, services of damages arising in the use or mis-use of our services or websites.
MusicDistribution.us services and products disclaimer:
The purchaser (“Customer”) to which these Terms and Conditions are attached, made part of and incorporated by reference is not an acceptance of any offer to sell but is an offer to purchase by the customer or purchasing entity as identified on the first page of the Purchase Order (“Buyer”), which may be accepted by any seller of products and/or servics (each, a “Seller”) only by expression of acceptance, including shipment or delivery of services hereunder. Upon acceptance, the Purchase Order and these Terms and Conditions of sale shall be governed solely by the terms and conditions of any master agreement between the Buyer and the Seller and, where they are not inconsistent with such master agreement, the provisions of this offer to purchase. Where there is no master agreement between the Buyer and the Seller, the provisions of this offer to purchase shall constitute the entire agreement between the parties (except for any additional non-conflicting warranties given by Seller) superseding any and all previous communications and negotiations. If any country-specific provision applicable to Seller is provided in these Terms and Conditions, either in this main text or in any hyperlinked page accessible by clicking on such hyperlink, our base country-specific provision (USA) shall take precedence over the corresponding general provision in these Terms and Conditions to the extent there is any conflict between the two. Unless specifically agreed to in writing by Buyer, signed by duly authorized personnel of Buyer and seller, no additional or different term or provision (except additional warranties given by Seller) of any quotation, acknowledgment, invoice or other form supplied by Seller shall become part of the contract notwithstanding Buyers failure to specifically object in writing to such form or provision. The agreement of sale resulting from the acceptance of this order shall be construed and interpreted in accordance with the internal laws of: (a) if the Purchase Order is issued from the United States (as set forth on the Purchase Order), the State of Florida; (b) if the Purchase Order is issued from outside the United States (as set forth on the Purchase Order, the law of the jurisdiction from which the Purchase Order is issued, in each case excluding their provisions governing conflicts of laws; or (c) if a country-specific provision applicable to Seller is set forth in, or linked to, these Terms and Conditions, as provided for in such country-specific provision. Buyer and Seller hereby exclude the application of the Vienna Convention on the International Sale of Goods of 11 April 1980, as enacted in any jurisdiction to which Buyer or Seller, or the transaction contemplated by the Purchase Order, may be subject. Any dispute arising under the Purchase Order or these Terms and Conditions shall be subject to the exclusive jurisdiction of a court or tribunal of competent authority in (a) the State of Floirda; (b) if a country-specific provision applicable to Seller is set forth in, or linked to, these Terms and Conditions, as provided for in such country-specific provision. Any dispute arising under the Purchase Order or these Terms and Conditions shall be subject to the exclusive jurisdiction of a court or tribunal of competent authority in the state of Florida, district of Miami-Dade County and to, the respective 3rd party delivering the services. MusicDistribution.us reserves the right to refuse any customer for any reason. We also explicitly state herein that we provide a scheduling service only, which is not to be construed with an actual provider of services, but rather a service to facilitate and monitor the listed items and/or services sold, booked or rented.
It is understood, that certain waste can not be disposed of at garbage dumps, such as: liquids, batteries and hazardous materials. All hazardous material must be properly disposed of with the direction of the designated authority of your municipality. MusicDistribution.us is not responsible for hazardous items, as it is not part of any agreement granted herein and cannot be included in a Bulk Pick Up, Dumpster or Laborer removal request.
We hold no liability in connection with the use of services and products granted therein.
*Please note: We have a NO REFUND policy. Any refund given is to be considered a denial of service and MusicDistribution.us reserves the right deny service to anyone for any reason whatsoever. If a refund is given for any reason, it may take up to 14 business days for the charge to reverse, not including the time it takes for your bank to release your funds, although some refunds can take place with-in 2-3 days. You understand that MusicDistribution.us is not responsible for banking transaction times, holds, high risk status, denial of service or loss resulting in the time to complete transactions, services and/or refunds from any respective party facilitating the transaction during your use and/or requested use of our website, services or products.
All of the content on this website, including without limitation the images, graphics and text, as well as the underlying software, networks and systems that support this website, is owned by or under license to MusicDistribution.us and is protected by applicable trademark, trade dress, copyright and other rights. No right, title or interest in any part of the content on this website is transferable to you in any way. MusicDistribution.us is a privately owned company and is in no way affiliated to any government entity. Our services are referral and based on third party transactions and interactions where you, as the purchaser, agree to use our service as the transactor for your needs as provided herein, as it is made available to you, with no guarantees of delivery. We do not schedule, count or operate on weekends and holidays. Service scheduling is based on the pretense of assumed “business days” in a given time range. This time range of service is considered an estimate and not to be misconstrued with a guarantee of service(s) and/or service date(s). We do not guarantee services, nor do we offer immediate service.
The content we choose to make available on this website from time to time may be used solely for personal, non-commercial purposes in compliance with all laws and regulations that apply to you. This means that you may not modify, alter or prepare other works based on the content, or distribute copies of or publicly perform or display the content, such as by posting the content on any network computer or distributing the content on or in any media unless otherwise stated herein.
We expect you to use this website responsibly and to respect the rights of others. You agree that you shall not access data not intended for you or log onto a server or an account that you are not authorized to use. You also agree that you shall not attempt to interfere with service to any other user, or the software, networks or systems that we use to bring this website to you, such as by submitting a virus to this website or overloading, “flooding,” “spamming,” “mailbombing”, “phishing”, “manipulating” or “crashing” this website. Finally, you agree not to use any device, software or routine to interfere with the proper working of this website or to navigate or search this website, other than with the search tools available on this website and other than with generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome, Firefox, Safari). Furthermore, you may not attempt to interfere, intercept in a false or deceptive manner, any private, proprietary or confidential information, whether via this website, our company e-mail system, servers, in person or over the phone. Any failure to accurately provide answers to security questions will result in a refusal of Deep City Music Distribution or it’s employees to provide any information to you and, may result in denial of services. MusicDistribution.us, its’ affiliates, officers, agents and/or employees are not responsible for any losses, damages or hardships that may arise from your use or misuse of this website in your request or purchase of our services and/or products.
Limitation of liability disclaimer:
THIS WEBSITE AND THE CONTENT HEREON ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MUSICDISTRIBUTION.US DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS AND ABSOLUTE GUARANTEES FOR ANY PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MUSICDISTRIBUTION.US, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR IT’S SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FOREGOING ENTITIES AND INDIVIDUALS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.00).