
Products Purchase Terms and Conditions
THIS AGREEMENT is made and entered into by and between Atrium Web Services, LLC, 3709 Devonshire Lane, Bloomington Indiana 47408 (hereinafter referred to as "AWS"), and the customer (hereinafter referred to as "User").
RECITALS
1. AWS is the reseller of the copyrighted product(s) (hereinafter referred to as "Product") with the right to sell and distribute the Product; and
2. The User is an individual, an organization, a corporation, a government entity or a member of a joint venture who will make use of the Product in its ministry, business or personal activity.
AGREEMENTS
As terms and conditions of this sale of this copyrighted product, the User hereto agrees as follows:
1. PRODUCT
1.1 Product(s). These terms and conditions apply to the selected Product(s) for purchase.
1.2 Purchase of Product. For payment received and in consideration of user’s agreement to these terms and conditions, AWS hereby conveys to the User a nonexclusive copy of the Product for use consistent with these terms and conditions.
2. USE
2.1 Permitted Use. This product is sold under the agreement that the User may use the Product in his/her personal and business activity and for no other purpose whatsoever.
2.2 Restrictions on Use.
(a) Unauthorized Use. User shall not allow access to the Product by any other person or organization by means of networks, timesharing, or duplication of the product, in any fashion, unless authorized in writing by the owner of the copyright of the material.
(b) Copies. User shall not duplicate the Product unless authorized to do so, in writing, by the owner of the product’s copyright.
2.3 Reserved Rights. AWS hereby retains its rights, title and interest in the Product, including the right to sell the Products covered by this agreement to other users, per AWSs agreement with the owner of the materials’ copyrights.
3. RETURN
3.1 If you are not satisfied with your purchase for any reason, please call 1-866-827-4864 for a Return Material Authorization (RMA) request within 180 calendar days of the date of purchase. The product must be returned to the Atrium Web Services, LLC within 14 calendar days of the issuance of the RMA.
4. LIMITED WARRANTY
4.1 Limited Warranty.
(a) AWS shall use its best efforts to ensure that the Product is delivered free of physical and audio defects. Many of the recordings available on AWS websites have been recording live and, consequently will not necessarily have the sound quality of recordings made within a sound studio, nor the editing association with post-production work.
(b) Though AWS will accept returned product in virtually all cases, AWS nevertheless shall have the sole authority to determine whether the Product, at the time of delivery, was free of physical defect.
(c) AWS disclaims any other warranties, express or implied, respecting these terms and conditions or the Product.
4.2 Remedy.
(a) User’s sole and exclusive remedy for breach of this limited warranty will be to return the Product within 180 days of receipt.
(b) AWS shall at its discretion repair returned product, replace it, or refund the purchase price.
5. ASSIGNMENT AND TRANSFER
User shall not disclose, lease, sell, distribute, make, transfer or assign the Product or engage in any other transaction which has the effect of transferring the right of use or part of the Product without prior written consent of AWS and the owner of the product’s copyright.
6. LIABILITY
AWS shall not be liable for any activity involving the Product with respect to the following:
(a) Lost profits, lost savings or any other consequential damages.
(b) The fitness of the Product for a particular purpose.
(c) The installation of the Product, its use or the results obtained.
7. MISCELLANEOUS
7.1 Applicable Law: Venue.
These terms and conditions of this purchase agreement shall be construed and interpreted under and pursuant to the laws of the state of Indiana . The parties agree that venue for any action or claim arising out of or in connection with this agreement shall be in the Superior Court for Indiana.
7.2 Invalidity.
If any term or provision of this agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and enforced as written to the fullest extent permitted by law.
7.3 Entire Agreement.
This agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby, and no other agreement, statement or promise made by any party hereto, which is not contained herein, shall be binding or valid.
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2007. MoodyAudio.com. All rights reserved.
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