TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  THIS IS A CONTRACT BETWEEN YOU AND THIS WEBSITE.  BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS, CONDITIONS AND RESPONSIBILITIES SET FORTH IN THIS AGREEMENT.

THESE TERMS OF SERVICE INCLUDE A PROVISION REGARDING BINDING ARTIBTREATION OF DISPUTES AND A WIAVER OF CERTAIN RIGHTS TO JURY TRAISL AND/OR CLASS ACTIONS (PARAGRAPH ENTITLED GOVERNING LAW AND DISPUTES).  BE SURE TO READ THAT PARAGRAPH.


Last Updated:  December 26, 2016

 

INTRODUCTION

This website (“Website”) is operated by Andrew Isler d/b/a First Dance Vinyl (“we” or “us”).  In this Terms of Service (“agreement”), the term Website includes all web sites and web pages within firstdancyvinyl.com as well as any equivalent, mirror, replacement, substitute or backup websites and web pages thereto and thereof.  We reserve the right, in our sole discretion, to modify, alter or otherwise changes the Terms of Service at any time.  Please check these Terms of Service periodically for changes.  By using this Website after any changes to these Terms of Service are posted, you are indicating your acceptance of those changes.

These Terms of Services do not cover your rights or responsibilities with respect to third party content or site or any links that may direct your browser or your connection to third party websites or pages. 

When you visit or shop at firstdancevinyl.com, we provide those services subject to the following conditions. 

 

BY VISITING OR USING THE WEBSITE, YOU ACCEPT THESE CONDITIONS.  READ THEM CAREFULLY.

 

USERS

This Website is offered and made available only to users who are 18 years of age or older on the date they access the Website.  If you are not yet 18 years old, please discontinue using this Website immediately.

If for any reason you do not agree with all of the terms and conditions contained herein, please discontinue using this Website immediately.

Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Before you act on information you’ve found on the Website, you should confirm any facts that are important to your decision.  We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose websites we may link.

 

PRIVACY

review our Privacy Policy, which also governs you use of the Website, to understand our practices.

 

OWNERSHIP OF INTELLECTUAL PROPERTY

ite software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Website including, without limitation, the selection, sequence and “look and feel” and arrangement of items, (individually and collectively, the “Materials”) are our property and are legally protected under applicable U.S., state, and foreign laws, regulations and treaties.  Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Website is strictly prohibited without our express, written consent.  All rights in the product names, company names, trade names, logos, product packaging and designs, whether or not appearing in large print or with the trademark symbol, belong exclusively to us and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.  Nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark.

 

USER POSTINGS

Website users may post comments and photographs on a designated area of the Website (collectively, the “Postings” or “Posting”).  You acknowledge that there is no promise of confidentiality to any user for any Posting that user makes to the Website.  You are solely responsible for the content of any Posting you make on the Website.  You represent and warrant that you have all rights, consents, permissions and licenses to upload all of your Postings.  You will retain all ownership rights in and to your Postings.  But you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to the Postings for publication on the Website.  This means we have a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, distribute prepare derivative works of, display and perform the Postings in connection with the Website and our businesses including, without limitation, for promoting and redistributing part or all of the Website in any media formats and through any media channels.  This license will terminate when you remove or delete your Postings.  But you acknowledge that we may retain, but not display, distribute or perform server copies of your Postings that have been removed or deleted.

We do not endorse any Postings and we expressly disclaim any and all liability in connection with the Postings.  We will remove all Postings that infringe third party copyright rights if properly notified.  We reserve the right to remove Postings without prior notice.

We reserve the right to terminate your access to the Website for the purpose of uploading Postings for any reason in our sole discretion.

 

COPYRIGHT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT

Copyright owners (or their agents) who believe that any Posting infringes their copyrights may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending to our Copyright Agent the following information in writing:

--A physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;

--Identification of the copyrighted work claimed to have been infringe or, if multiple copyrighted works at a single page on the Website are covered by a single notification, a representative list of such work on that page

--Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

--Information reasonably sufficient to permit us to contact you (or your agent), such as an address, telephone number and, if available, an electronic mail;

--A statement that you or your agent have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

--A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

These infringement notification should be directed to our DMCA Copyright Agent, Drew Isler, at 4001 N Ravenswood Ave Suite 101, Chicago, IL 60613, or drew@firstdancevinyl.com. You understand that is you fail to comply with all of the steps above for a copyright notice, that you attempt to remove material from the Website may fail.

If you believe that your Posting that was removed from the Website does not infringe or that you are authorized to post it, you can send a counter-notice with the following information to our DMCA Copyright Agent:

            --Your physical or electronic signature;

            --Identification of the Posting removed; and

--Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal courts in Chicago, Illinois and a statement that you will accept service of process from the person who provide notification of the alleged infringement.

 

RISK OF LOSS

All items produced by us and purchases through the Website are made pursuant to a shipment contract.  The risk of loss and title of any such products pass to you upon our delivery to the carrier.

 

RETURNS

We do not take title to a returned item purchased through the Website until that item arrives at our headquarters.   We reserve the right to revisit this policy.

 

LINKS

This Website may contain links to other web sites (“Linked Sites”).  The Linked Sites are not under our control and we are not responsible for the contents of the Linked Sites.  We provide Linked Sites to you only as a convenience, and the inclusion of any Linked Sites is not an endorsement by us in favor of any company offering any products or services on the Linked Sites.

 

NO SOLICITATION

You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without our express written approval.

 

PURCHASE OF MERCHANDISE

Any purchase you make through the Website is for non-commercial use only.  When placing an order, you will be required to provide us with information, such as your address and billing information.  You represent and warrant that all such information is accurate, and you will ensure that such information is kept current.  We will have no responsibility or liability for inaccurate information or information that later becomes outdated, and we will have no obligation to make efforts to determine the correct contact or shipping information.                                        

After you place an order, you may receive a communication from us acknowledging that we have received your order.  Receiving this acknowledgement does not mean that your order has been accepted.  We will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been shipped.  The contract between us in relation to the services we provide you will be formed when we send you a communication accepting your order.  Any shipping dates or times provided by us (or a courier) are estimates only and are not guaranteed.  The risk of loss in physical goods you purchase and the responsibility to insure the goods passes to you upon delivery of the goods to you.   At any time prior to sending you a communication accepting your order, we reserve the right to decline or reject your order.  If this occurs, we will attempt to notify you.

If any merchandise or services are offered for sale via the Website which are listed at an incorrect price or contain other incorrect information, we shall have the absolute right to refuse or cancel any order placed for such merchandise or service and you hereby release us from liability for same.  Your only remedy is to return to us that merchandise for a refund at our sole discretion.

We may accept various forms of payment including credit and debit cards and payments made through PayPal and similar services.  Additional terms with your payment provider may apply.

If your purchase or use of our services is subject to any type of use or sales tax, duty or other governmental tax or fee, then we may charge for those.

 

DISCLAIMER AND RELEASE OF LIABILITY

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER
WE NOR OUR EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, THIRD PARTY CONTENT PROVIDERS OR LICENCORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.  WE DO NOT REPRESENT AND WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES SERVICES ARE AT YOUR SOLE RISK.

THE SERVICES WE PROVIDE THROUGH THE WEBSITE AND ALL THE INFORMATION, CONTENT AND MATERIAL FOUND ON THE WEBSITE ARE PROVIDED BY UPON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEBSITE.

WE ARE NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEB- SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER WEBSITE USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  YOU AGREE THAT OUR LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

GOVERNING LAW AND DISPUTES

This Website originates from and is maintained in the United States of America.  This agreement has been made in and shall be construed in accordance with the laws of the State of Illinois.  You consent to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.  This agreement shall not be governed by the United Nations Convention on Contracts for the international Sale of Goods. Any dispute or claim relating in any way to your use of the Website or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  Any such arbitration will be heard before a single arbitrator pursuant to the rules of the American Arbitration Association (AAA).  The arbitration will be held in the Chicago office of the AAA.  The arbitrator shall have the right to decide all issues raised by the dispute or claim including, without limitation, whether an issue is arbitrable.  The arbitration will be conducted only on an individual basis and not in a class, consolidated or representative action. 

 

SEVERABILITY

If any portion of this agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this agreement which shall remain in full force and effect.

 

ENTIRE AGREEMENT

This agreement represents the entire agreement between you and us concerning the subject matter hereof and supersedes and replaces any and all previous written or oral agreements between us with respect to that subject matter.

 

HEADINGS

The paragraph headings used herein are for convenience only and shall not be used to construe, interpret or limit any portion of this agreement.