TERMS AND CONDITIONS
These are the terms and conditions guiding your use of www.appadydusmusic.com, our website dedicated to (but not limited to) the online sale of and digital downloads of music, video and audio streams, vinyl and CDs. You hereby consent to be legally bound by these terms and conditions when you access, browse, shop on, or use this website in any other way. Do not use this website if you disagree with any of the following terms in any way.
ACCEPTABLE USE OF THE WEBSITE
This website is designed to serve as an e-commerce website exclusively for the online sale of and digital downloads of music, video and audio streams, vinyl and CDs. We grant users a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access and use the website in compliance with these terms and conditions.
The copyright in all material provided on this website is held by Appadydus Enterprises Inc, and you are prohibited from copying, replicating, dispersing, republishing, displaying, downloading, dispatching or transmitting any of the content in any form or by any means, including but not limited to, electronic, automated, photocopying, recording, or in any other way, without prior written permission from Appadydus Enterprises Inc.
We grant users the permission to display, distribute, copy, and download the materials on our website for personal, non-commercial use only, with the provision that such materials are not modified and that users maintain all copyright and proprietary notices contained in such materials. This permission automatically terminates if you breach any of these terms or conditions.
The Appadydus Music website is intended for persons who have attained the legal age of 18 and are able to form and enter into legally binding contracts according to the law of the United States. You will also be required register an account on the website and hold a valid debit/credit card for the purpose of completing purchases.
In order to gain access to some parts of our website and/or make purchases on the site, we will ask you to fill a registration form. You will be asked to provide personal information such as name, country of residence, e-mail address, phone number and payment details/information.
You hereby declare that any information you provide to Appadydus Music, both during and after the registration process are truthful, complete and accurate. We may delete your account if information provided is found to be false, incorrect or deliberately misleading.
Once registered, you will have access to an active personal Appadydus Music user account. After the registration process, you are expected to keep your account information secure. All activities and orders connected with your account are your sole responsibility, and you hereby agree to maintain the safety and confidentiality of your account details at all times.
You are mandated to notify Appadydus Music immediately if you believe a third party has accessed your account without authorization. You may only possess one Appadydus account.
Any communication or material users transmit to the website by e-mail or otherwise, including but not limited to any data, comments, questions, and suggestions will be regarded as and treated as non-proprietary and non-confidential. You hereby grant Appadydus the right to use anything you transmit or post for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.
While any user content provided by you remains your property, you grant Appadydus (by providing such user content) a worldwide, continuous, irreversible, transferrable, royalty-free license, with the right to sub-license, duplicate, adjust, make derivative works of, distribute, openly show, publicly perform, and to otherwise use such user content without further notice to or consent from you, and without the expectation of reimbursement.
INTELLECTUAL PROPERTY/COPYRIGHT POLICY
Users agree that all materials showed and displayed on the Website (such as but not limited to data, information, materials, articles, reports, representation, photos, pictures, delineations, or other information as well as any software programs) are copyrighted, trademarked and are protected by intellectual property laws, unless where explicitly indicated to the contrary. All rights, titles and interests relating to the contents are owned, licensed to or controlled by Appadydus Enterprises Inc.
TERMS OF SALE
Herein detailed are our terms of sales which shall be construed as a legal contract between Appadydus and a purchasing customer. This agreement’s terms and conditions are subject to change without prior notice, and constitute the entire agreement between the purchasing customer and Appadydus relating to the purchase or sale of music, video and audio streams, vinyl and CDs (thereafter collectively called ‘goods’) on the website.
By making a purchase, placing an order, or otherwise shopping on the website, the customer accepts this sale agreement and agrees to be bound by it.
Title of goods/risk
Under this agreement, Appadydus shall retain the title to goods being purchased until such goods are paid for by the customer. Title and risk in the goods thereafter passes to the customer after payment.
Orders are not binding upon Appadydus Enterprises Inc until such orders have been so acknowledged and accepted.
Invoices are due and payable within the time frame noted on the invoice, measured from the date of the invoice. Terms of payment are within Appadydus’s sole discretion. The responsibility for salestax and all other taxes associated with the order shall be borne by the customer.
Once you have successfully placed an order, an acknowledgement email will be sent to you, providing details and value of your order, which will debited to your credit/debit card.
We may not accept a customer’s order if theordered item is out of stock, we are unable to obtain authorization for payment, we suspect fraudulent activity or violation of these terms of sales, or if we identify a product or pricing error.If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone to advise you accordingly.
Pricing and Information Disclaimer
All pricing are in dollars and are subject to change.
We reserve the right to make adjustments regarding prices, products and offers to reflect changing market conditions, errors in advertisements, product discontinuation, and other mitigating circumstances.
Expect otherwise stated, prices for goods through www.appadydusmusic.com do not include shipping costs, and may vary with orders.
Our primary jurisdiction of sales is the United States. We may however under certain circumstances sell goods for use in other countries. It is the customer’s responsibility to obtain export documentation from the federal government if goods being purchased are for export.
Credit card and/or debit card charges are processed online after ordering the goods.
Appadydus offers a 7 days return policy on selected items. To qualify for a return:
All products returned must be 100 percent complete and intact, and contain all original boxes and packaging materials, and Good sold are damaged, or
We erroneously sent you the wrong products.
If you do not notify Appadydus of damaged goods within the first 7 days of arrival of goods, we will not offer a refund or a replacement. Please note that customers are to bear responsibility for shipping charges on returned items.
Resale of products
You may not resell any goods that you purchase from us.
We have made every effort to display as accurately as possible the colors of goods that are displayed on the site. We however cannot guarantee that your monitor’s/device’s display of any color will be accurate, as the actual colors you see will be dependent on your monitor/device. Hence, we shall not be in any way held liable for differences in colors of displayed and actual products.
Delivery and acceptance
Our delivery of your purchased goods shall be done in accordance with the delivery option you selected during the order process.
All quoted delivery timescales are indicative only, and we will not accept any liability whatsoever for delayed delivery caused by any third party.
You must inspect goods bought upon delivery, and will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with our returns policy. We shall otherwise not be obliged to accept any rejection of the goods at a later date.
THIRD PARTY SITES
Links to third party websites abound on www.appadydus.com. Users are not to take the presence of such links as an endorsement of the content, procedures, products and/or services, of that third party website, except specifically stated. Your access and use of such third party sites is at your own risk, and we recommend that you check third party websites’ terms and conditions before using them.
THIS SITE IS PROVIDED BY APPADYDUS ENTERPRISES INC ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY TYPE, DIRECT OR INDIRECT, CONCERNING THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, MATERIALS, OR GOODS DISPLAYED ON THE WEBSITE.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT RESTRICTED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. WE SHALL BEAR NO LIABILITY FOR ANY LOSS/DAMAGE (BE THEY DIRECT, SECONDARY, RELATED, PENAL, OR CONSEQUENTIAL) ARISING FROM THE USE OF THIS SITE.
WITHOUT LIMITING THE FOREGOING (AND EXCLUDING ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM), APPADYDUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY GOODS OFFERED ON THIS SITE.
APPADYDUS (ITS EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, SALESPERSONS OR SUPPLIERS) SHALL IN NO WAY BE LIABLE FOR ANY LOSS/DAMAGES (DIRECT OR INDIRECT) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPADYDUS WEB SITE, EVEN IF APPADYDUS OR A APPADYDUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF OUR OFFERED GOODS, APPADYDUS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE AMOUNT PAID BY CUSTOMER FOR THEIR PURCHASE UNDER THIS AGREEMENT.
APPADYDUS WILL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. APPADYDUS WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.
WHILE APPADYDUS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, APPADYDUS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE WEBSITE’S ACCURACY. APPADYDUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CHOICE OF LAW
This agreement and any sales hereunder shall be governed by the laws of the United States, without regard to conflicts of laws rules. The customer hereby consents to the jurisdiction of the courts located in the United States for the purposes of any suit, action or proceeding arising either out of the sale agreement or general use agreement.
You assent to shield, indemnify and hold Appadydus Enterprises Inc is innocent against any and all claims, costs and expenses (including but not limited to litigation costs), and damages in connection to your use of the website.
These terms and conditions may be modified, altered, or changed at any time at our discretion without prior notice. Using the website after a change has been posted signifies your acceptance of the new terms and conditions. We advise users to check this page frequently. The last updated date will be posted on the top right of this page.
Your privacy is very important to us at Appadydus. Detailed below is our privacy statement in which we have explained the ways in which any personal information that you submit to us, or that we obtain from you, will be used and/or shared when you visit our web site.
The information that we obtain from you includes, but might not be restricted to;
a) your name, e-mail address, physical address, and phone number(s);
b) particulars of orders you place through the site;
c) your credit card/ account information;
d) records of communication when you contact us to request information, provide feedback on our services or report a problem; and
e) standard information automatically collected and stored in log files by our web server. This may include your IP address, location, transaction, operating system, clickstream data, usage and preference, call and SMS data, device information, server log information and contacts.
USE OF INFORMATION
We will never knowingly sell, transfer or share your information with a third party, unless when required to do so in compliance with a legal summons/subpoena, or any other similar legal process. We may also disclose your information when we in good faith believe that disclosure is crucial to protect our rights, safeguard your safety or the welfare of others, detect fraud, or respond to a government request.
Barring the foregoing, the ways we use information provided by you are as follows:
to offer you the services that you wish to use and/or facilitate the sales of our products to you;
to improve/enhance the content/layout of our site;
to respond to any questions, complaints or requests;
for record keeping purposes;
for billing, bookkeeping and market survey purposes;
to advise you about important functionality changes and modifications to the website;
to inform you about other services which may be of interest to you; and
with third parties, based on your authorization.
OUR COOKIES POLICY
SECURITY OF INFORMATION
On our site, we do our best to protect your information from unauthorized use, employing a globally-acclaimed, first rate security system to do so. We however, take no responsibility for any unauthorized access or loss of personal information that is beyond our control, as there is no hundred percent security guarantee for data transmissions over the Internet.
We will not be responsible for any loss of personal information or unauthorized access that is beyond our control.
Our websites and services are intended for an adult audience and are not directed towards children. We will never intentionally collect personal information from minors under the age of 18, except with parental consent or as permitted by law.
YOUR ACCESS AND CHOICE
You reserve the right to and have the choice of updating, modifying, amending or deleting your user account on www.appadydus.com. If your personal information changes, or if you are no longer interested in using our service, please contact us on firstname.lastname@example.org, and we will be sure to respond to your request as soon as we can.