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Your Privacy Rights – Privacy Policy
At Main Street Music, Inc. ("MusicMasters"), we are committed
to protecting the privacy of our customers and users of our web site located at
www.musicm.com (the "Site"). This privacy policy ("Privacy
Policy") gives you details of our privacy practices, including (a) what
information we collect about you when you use the Site; (b) how the information
will be used or disclosed; and (c) your rights with respect to our collection
and use of your data. We may modify these policies from time to time and will
provide notice of any major changes by posting such notice on the Site.
What Information Do We Collect and Why?
Transaction Information: We may ask you to provide us with personal information
on a voluntary basis in certain areas of the Site, and you will be required to
provide personal information when you make purchases on the Site. The kinds of
personal information that we may request may include your name, address, e-mail
address, telephone number, fax number, credit card information, and information
about your interests in and use of various products, programs, and services.
All such information will be used in accordance with the terms of this Privacy
Policy.
IP Addresses and "Cookie" Information: As is the case with many
sites, the Site logs your IP address and uses standard technology called
"cookies", which are small data files that are downloaded onto your
computer when you visit the Site. Cookies automatically identify your browser
to the MusicMasters server whenever you interact with the Site. We use cookies
and the information they provide to improve our services and the quality of
your experience with the Site. If you prefer not to allow us to collect
"cookie" information, you can disable the cookies by turning them off
in your browser, although some areas of the Site may not function properly if
you do. We do not link IP addresses to any personally identifiable information.
This means that your session will be tracked, but you will not be personally
identified. However, certain kinds of cookies allow us to store certain
information of yours so you can save time in filling out forms on the Site. We
only send this type of cookie to your browser when you have provided your consent
for us to save your profile information.
Web Beacons and Clear GIFs: The Site may also use pieces of code called
"web beacons" or "clear gifs" to obtain certain types of
information when your Web browser accesses the Site or when you are provided the
opportunity to complete surveys, participate in a sweepstakes or other
incentives, or open or respond to any newsletter or other email you may have
received from the Site. These web beacons or clear gifs may also be used to
deliver cookies that conform to our cookie policy.
Third-Party Providers and Cookie Opt-Out: We currently contract with several
online partners to help manage and optimize our Internet business and
communications. We use the services of a marketing company to help us measure
the effectiveness of our advertising and how visitors use our site. To do this,
we use Web beacons and cookies provided by our marketing company on this site.
The type of information we collect includes information provided by the
customer (including information necessary to complete transactions), IP
addresses, cookie information (and other information that tracks browsing and
purchasing history). By supplementing our records, this information helps us
learn things like what pages are most attractive to our visitors, which of our
products most interest our customers, and what kinds of offers our customers
like to see. Although our marketing company logs the information coming from
our site on our behalf, we control how that data may and may not be used. If
you do not want to help us learn how to improve our site, products, offers and
marketing strategy, you can “opt-out” of our ability to analyze such data by
clicking here.
How Else Does MusicMasters Use Information That It Collects from the Site?
As well as using information about you for the specific purposes set out
above, we may also use information about visitors to the Site to monitor
consumer interest in our range of products and services, to troubleshoot
problems that may arise on our Site, to protect against fraud or other criminal
activity on our Site, to customize your user experience on the Site, to notify
you of product or service offerings that we may think may be of interest to
you, to inform you about special promotions, and to assist us in tailoring our
product lines, our services and the content of the Site to our online visitors'
needs by collecting information about their preferences through tracking
patterns of page-viewing on the Site. To assist in this, we might create a
profile relating to you in order to show you the content that we think you
might be interested in and to display the content according to your
preferences. We may also share data we collect about you and other visitors to
the Site in an anonymous or aggregated form with our business partners and
others.
If you communicate with us, we may retain this correspondence to improve our
products, services, and the Site, and for other disclosed purposes. We may use
information you provide to us in order to send you updates, such as notifications
of changes to the terms of our services or important information about our
services and products.
MusicMasters will disclose information about individual users to governmental
or judicial authorities or law enforcement agencies, or to other individuals or
entities in response to a subpoena, court order, or other legal process.
Further, MusicMasters may share information in order to investigate, prevent,
or take action regarding illegal activities or suspected fraud, or to enforce
or apply the terms and conditions of our agreement.
MusicMaters may share personally-identifiable information about you with its
enterprise-wide corporate affiliates. If MusicMasters is acquired by or merged
with another company, MusicMasters may transfer personally-identifiable
information about you to that company.
Your Rights
Access and Correction: You have a right to know about the personal information
that MusicMasters holds about you. You also have a right to correct, amend or
delete such information if it is incorrect. If you wish to exercise these
rights, please contact us by post or e-mail at the address shown in the
"Contact" section below.
Opt Out: From time to time, we may notify you of special promotions, changes to
our Site, new product lines or new service offerings, or products that we think
may be of special interest to you. I
Security
The Site incorporates appropriate safeguards to protect the security,
integrity, completeness, accuracy and privacy of the personal information we have
collected, and we have put in place reasonable precautions to protect
information from loss, misuse and alteration. Our security and privacy policies
are periodically reviewed and enhanced as required and only authorized
individuals have access to the information you provide us. Although we take
appropriate measures to safeguard against unauthorized disclosures of
information, we cannot assure you that personally identifiable information that
we collect will never be disclosed in a manner that is inconsistent with this
Privacy Policy.
You hereby acknowledge that MusicMasters is not responsible for any intercepted
information sent via the Internet, and you hereby release us from any and all
claims arising out of or related to the use of intercepted information in any
unauthorized manner.
External Links
The Site provides links to various Web sites maintained by third parties. When
you click on one of these links, you will be transferred out of our Web site
and connected to the Web site of the organization or company that maintains
such site. Even if an affiliation exists between our Web site and a third party
Web site, we exercise no control over linked sites. Each of these linked sites
maintains its own independent privacy and data collection policies and
procedures. If you visit a Web site that is linked to the Site, you should
consult that site's privacy policy before providing any personal information.
Terms and Modifications to Privacy Statement
By using the Site, you signify your agreement to the terms of our Privacy
Policy. If you do not agree with these terms, you should not use the Site.
MusicMasters may modify this privacy statement at any time. If a material
change is made to this Privacy Policy and/or the way we use our users’
personally identifiable information, then we will post prominent notice of the
nature of such change on the first page of this Privacy Policy and also on our
home page. You are responsible for reviewing this Privacy Policy periodically
to ensure that you are aware of any changes to it. Your continued use of the
Site indicates your assent to any changes to this Privacy Policy.
Children
The Site is not directed to children, and MusicMastersdoes not knowingly
solicit information from any child under the age of 13. Should a child whom we
know to be under 13 send personal information to us, we will use that
information only to respond directly to that child (or a parent or guardian) to
inform him or her that we must have parental consent before receiving his or
her personal information.
Contact Details
If you have any questions about this Privacy Policy, the privacy practices of
the Site, or if you want to exercise any of the rights that you are given under
this Privacy Policy, you can contact:
MusicMasters
1114 North Monroe Street
Tallahassee, FL 32303
Last updated April 8, 2009.
MusicMasters Purchase Terms and Conditions
Entire Agreement
Other than as specifically provided in any separate formal purchase agreement
between you and MusicMasters, these terms and conditions (this “Agreement”)
apply to all of your online purchases from the website at www.musicm.com (the
“Site”) and may NOT be altered, supplemented, or amended by you through the use
of any other document(s). Any attempt to alter, supplement, or amend this document
or to enter an order for product(s) which is subject to additional or altered
terms and conditions will be null and void, unless otherwise agreed to in a
written agreement signed by both you and MusicMasters.
Acceptance
By purchasing products and/or services from the Site, you agree to be bound by
and accept this Agreement. Orders are not binding upon MusicMasters until
accepted by MusicMaters. We reserve the right to refuse service to anyone.
MusicMasters will indicate its acceptance of an order by acknowledging your
order by reply email or by shipping the ordered items to you.
Pricing
Because prices, product descriptions, and availability can change quickly,
MusicMasters does not warrant the accuracy or completeness of the information
provided on the Site. For more on our pricing policies, please refer to our
Site Terms of Use.
MSRP is the suggested retail selling price of a product provided to us by
manufacturers. We may commonly sell products at prices lower than MSRP and, for
any given product, no sales may have occurred at MSRP.
MSRP is a benchmark to compare our discounts from MSRP to pricing offered by
other retailers. Whether other retailers sell at MSRP will vary by product,
geographic location, type of store, and over time.
Although we periodically update the MSRPs in our direct mail offerings and on
our website as we receive them, in some cases manufacturers may change a
suggested retail price without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date
MSRP information.
MSRPs quoted for house or private label brands are developed internally in
consideration of comparable name brand products. We may commonly sell such
products at prices lower than MSRP and, for any given product, no sales may
have occurred at MSRP.
Although our limited time events are intended to be limited time events, our
low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based
upon MSRP.
Payment Terms—Orders
Internet orders may be paid for using the following methods: VISA, MasterCard,
American Express, Discover, and PayPal. In addition to credit cards, for phone
or mail orders you may pay by money orders, cashier's checks, and personal
checks by mail. Just call us at 1-800-848-6158 to place your order. All
non-credit-card orders are subject to a 10-business-day hold. Cash is not a
payment option that we accept at this time.
Limited Quantities
Some products, including those identified as Blowouts, Closeouts, and Limited
Quantity items may be limited to stock on hand and are offered on a first come,
first served basis.
Shipping Charges—Taxes and Title
Separate charges for shipping and handling will be shown on your order form.
Most orders received before 3:30 p.m. Eastern Time, Monday through Friday, are
shipped the same day! Orders placed on Saturdays, Sundays, or holidays will be
processed the next business day. As a security precaution, initial orders and
orders shipping to alternate addresses may be held for extended verification.
We reserve the right to make partial shipments, which will not relieve you of
your obligation to pay for the remaining deliveries.
All items purchased from MusicMasters are made pursuant to a shipment contract.
This means that the risk of loss and title for such items passes to you upon
our delivery to the carrier.
For more information on our shipping policies, including rates, delivery times,
and delays, please refer to our Online Customer Service page or call us at
800-848-6158.
If applicable, a separate charge for taxes will be shown on the invoice. We are
required to collect sales tax on all orders shipped to Florida, Georgia, and
Alabama. If you are shipping an item to any one of these states, then you will
be charged the applicable local sales tax rates.
Limited Warranty
All new products are sold with the manufacturer's limited warranty. The
warranty period and service varies by manufacturer and product.
MUSICMASTERS PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, MUSICMASTERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR
STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS.
Terms of
Use
Terms and Conditions of Use
The MusicMasters Web site at www.musicm.com (the "Site") is a
copyrighted work belonging to Main Street Music, Inc.
("MusicMasters"). MusicMasters grants you the right to use the Site
subject to the terms and conditions of use ("Terms of Use") set forth
below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER
THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, MusicMasters grants you a limited, royalty-free
license to view the materials contained on the Site (the "Materials")
and make such copies only as may be incidentally created during your exercise
of the foregoing through the normal operation of a commercially available web
browser and a gateway cache and proxy obtaining the Materials from the
MusicMasters server. You are not granted any right to use MusicMasters
trademarks, logos, trade dress (including without limitation the layout of the
Site) or other marks, and all such items shall remain the exclusive property of
MusicMasters.
Modification
MusicMasters reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site or any part thereof with or
without notice. You agree that MusicMasters will not be liable to you or to any
third party for any modification, suspension, or discontinuance of the Site.
Secured Areas
Your use of any areas of the Site secured by a user name/login screen
("Secured Areas"), including but not limited to purchases of products
from the Site, is governed by the terms and conditions of a separate agreement.
You are granted no rights or licenses to use the Secured Areas under this
Agreement.
Mailings
By submitting your name, e-mail address, and any other personal information to
MusicMasters, you hereby grant MusicMasters, subject to the MusicMasters
Privacy Policy a royalty-free license to use and disclose this information,
including but not limited to using and disclosing such information in
connection with periodic mailings to you about MusicMasters products, services,
and news ("Mailings"). The terms and conditions of this Agreement
shall apply to all such Mailings.
Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumes,
questions or other information communicated to MusicMasters through the Site,
by facsimile or through the mail (electronic or otherwise) (a
"Submission") will forever be the property of MusicMasters. Unless
otherwise specified in our Privacy Policy, MusicMasters will not treat any
Submission as confidential or proprietary and will not be liable for the use of
any ideas for its business (including, without limitation, service or promotion
ideas) and will not incur any liability as a result of any similarities that
may appear in future MusicMasters services or operations. Without limitation,
MusicMasters will have exclusive ownership of all present and future existing
rights to the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material you submit, and you,
not MusicMasters, have full responsibility for the Submission, including its
legality, reliability, appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. MusicMasters specifically
prohibits any use of our Site, and all users agree not to use our Site, for any
of the following:
- Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
- Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
- Deleting or revising any material posted by any other person or entity;
- If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
- Harming minors in any way;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
- Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect
identifiable information from anyone under thirteen years of age.
Registration and Passwords
If you register on our Site, you agree to provide accurate and complete
information about yourself and to maintain and update such information so it
remains accurate and complete following registration. Failure to provide
accurate and complete information or to update such information shall be
adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user
name. You are responsible for maintaining the confidentiality of your password
and user name and are responsible for any activities that occur under your
password and user name.
Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly,
MusicMasters does not warrant the accuracy or completeness of the information
provided on the Site. Also, MusicMasters may make changes to the information
contained herein, including to the products and prices described in the site,
at any time, without prior notice to you (including after you have submitted
your order). Information at this Site is periodically updated, but it may not
be current or complete at the moment you visit this Site and may contain errors
or inaccuracies. In no event shall MusicMasters or its service or product
providers be liable to you in any manner whatsoever for any decision made by
you, or for any act or failure to act by you, in reliance upon information
provided at this Site. If a product you purchase does not match the description
on the Site, as your sole and exclusive remedy you may return the product, unused,
to MusicMasters and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the
item's product detail page. Prices are frequently updated to adjust for
different sales, limited pricing, and other discounting. Therefore, prices on
the product detail page and in your cart may change after such updates to
reflect the current prices. Placing items in your cart does not reserve the
current prices shown at that time, and prices are reserved only by placing an
order. From time to time, despite our efforts, a small number of the items in
our catalog may be mispriced. Please note that such errors or inaccuracies may
be related to product descriptions, pricing and availability. In the event of a
pricing error, MusicMasters will take one of the following options: (1) If an
item's correct price is lower than our stated price, we will charge the lower
amount and ship you the item; or (2) if an item's correct price is higher than
our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation. We apologize for any inconvenience. If you are not satisfied with
your purchase due to any errors or inaccuracies, you may return it in
accordance with our return procedure. Discounts are limited-time offers and are
not valid with other offers.
For shipping, cancellation, and other ordering questions, please refer to our
Online Customer Service page.
Limited Quantities
Some products, including those identified as Hot Buys, Closeouts, and Limited
Quantity items may be limited to stock on hand and are offered on a first come,
first served basis.
MSRP
Manufacturer's suggested retail price (MSRP) is the suggested retail selling price
of a product provided to us by manufacturers. We may commonly sell products at
prices lower than MSRP, and, for any given product, no sales may have occurred
at MSRP.
MSRP is a benchmark to compare our discounts from MSRP to pricing offered by
other retailers. Whether other retailers sell at MSRP will vary by product,
geographic location, type of store, and over time.
Although we periodically update the MSRPs in our direct mail offerings and on
our website as we receive them, in some cases manufacturers may change a
suggested retail price without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date
MSRP information.
MSRPs quoted for house or private label brands are developed internally in
consideration of comparable name brand products. We may commonly sell such
products at prices lower than MSRP and, for any given product, no sales may
have occurred at MSRP.
Although our limited time events are intended to be limited time events, our
low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based
upon MSRP.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, MUSICMASTERS EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE,
INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not
allow the exclusion of implied warranties, in which case any implied warranties
shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT SHALL MUSICMASTERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MUSICMASTERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION ON OUR SITE.
MUSICMASTERS TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND
CONDITIONS AND THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE,
SHALL NOT EXCEED $1,000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Copyright
The Site and the Materials are copyrighted works of MusicMasters and/or its
suppliers. Neither the Site nor the Materials may be reproduced, displayed,
modified or adapted, distributed or transmitted in any form by any means
(including, but not limited to, electronic duplication or transmission) without
the prior written permission of MusicMasters.
Amendment
MusicMasters may at any time revise these Terms of Use by updating this
posting. By using this Site, you agree to be bound by any such revisions, and
you should periodically visit this page of the Site to examine the then-current
Terms of Use by which you are bound. Certain provisions of these Terms of Use
may be superseded by expressly designated legal notices or terms located on
particular pages of this Site.
General
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be unenforceable for any reason, the remaining provisions
hereof shall be unaffected and remain in full force and effect. These Terms of
Use shall for all purposes be governed by and interpreted in accordance with
the laws of the State of Florida as those laws are applied to contracts entered
into and to be performed entirely in Florida, without regard to conflicts of
law provisions. Any suit or proceeding arising out of or relating to these
Terms of Use shall be commenced exclusively in state or federal court in Leon
County, Florida, and you irrevocably submit to the exclusive jurisdiction and
venue of such courts.