DESTINATION SOUND TERMS AND CONDITIONS
Thanks for visiting and using our website, destinationsound.com (the “Site”). Musical and Equipment Dealers (“DS”) is an online limited liability company and is owned and operator on the web. The following are the terms and conditions that govern the use of the Site. THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND MD. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THE SITE OR DOWNLOAD ANY SONG CONTAINED WITHIN THE MD CATALOG. BY USING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental or legal guardian consent before attempting to use, buy or sign up as a user, as defined herein. Without parental or guardian consent, you must discontinue use of the Site.
OWNERSHIP OF THE SITE
The Site is owned and operated by DS. All of the content featured or displayed on the Site, including, but not limited to, logos, written text, graphics, photographs, images, moving images, sound, illustrations and software as well as the underlying code which creates the Site (collectively “Content”), is owned or controlled by DS, or entities which have granted certain rights to DS. Further, all elements of the Site, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. “DESTINATION SOUND”, the DS logo, and the slogan, “A GLOBAL MUSIC COMMUNITY A GLOBAL LICENSING SOLUTION” are trademarks of DS and may be registered throughout the world.
NO UNAUTHORIZED USE
Except as specifically provided herein or with DS’s written consent (electronic mail consent does not constitute written consent), you may not print, copy, reproduce, distribute, disable, decompile, disassemble, reverse engineer, transmit, upload, download, store, display in public, alter, modify or otherwise change or transfer the Site or the Content. Nor may you use in any way (a) DS’s logos or icons to hyperlink other web sites with the Site, or (b) the Content, DS’s name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please complete the contact us form. If permission to hyperlink is granted in writing by DS, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on the Site.
As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
ENFORCEMENT AND INDEMNIFICATION
DS will pursue all necessary legal action and will seek all available financial compensation and damages (including federal and state statutory copyright damages) should DS be notified or otherwise discover any infringement or wrongful use, information, intellectual property or Content available through the Site.
By using the Site, you agree to indemnify DS, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Site, Content and related rights.
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND DS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE. DS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. DS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms, any Licenses or elsewhere on the Site, or as otherwise required by applicable law, neither DS nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of the Site or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the Site; however, these other websites are not controlled by DS and DS is not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against DS regarding the inclusion of links to outside websites or your use of those websites.
These Terms will be interpreted, construed and governed by the laws of the state of Maryland, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts located in Maryland and each party agrees not to contest the personal jurisdiction or venue of these courts. You consent to such jurisdiction. Notwithstanding the foregoing, however, DS will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of DS, such action is necessary or desirable.
These Terms represent all of the agreements between you and DS regarding your use and access to the Site. If any provision of these Terms is deemed unenforceable, unlawful, void, or against public policy, that provision shall be deemed severed from the remainder of these Terms, which shall remain valid and in full force and effect. No waiver of any term or condition contained herein shall be deemed a further or continuing waiver of such term or any other term and DS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
DS reserves the right, in its sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Site or services following the posting of any changes to these Terms constitutes your acceptance of such changes.