Terms and Conditions of Use
The Make N Music website at www.makenmusic.biz | www.makenmusicmd.com (the "Site") is a copyrighted
work belonging to Make N Music, Inc 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 Make N Music, Inc. Make N Music 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, Make N Music, Inc 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 Make N Music, Inc server.
You are not granted any right to use Make N Music, Inc 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
Make N Music, Inc.
Modification
Make N Music, Inc 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 Make N Music, Inc will not
be liable to you or to any third party for any modification, suspension,
or discontinuance of the Site.
Amendment
Make N Music, Inc 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may be superseded by expressly designated legal notices or terms located on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.
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, email address, and any other personal information
to Make N Music, Inc, you hereby grant Make N Music, Inc, subject to the
Make N Music, Inc 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 Make N Music,
Inc 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 Make N Music, Inc
through the Site or via fax or mail (electronic or otherwise) (a "Submission")
will forever be the property of Make N Music, Inc. Unless otherwise specified
in our Privacy Policy, Make N Music, Inc 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 Make N Music, Inc services or operations. Without limitation,
Make N Music, Inc 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 Make N Music, Inc, have full responsibility for the Submission,
including its legality, reliability, appropriateness, originality, and copyright.
Site Use Regulations
Our Site may only be used for lawful purposes. Make N Music, Inc 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;
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 13 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.
Pricing and Content Information
Because prices, product descriptions, and availability can change quickly,
Make N Music, Inc does not warrant the accuracy or completeness of the
information provided on the Site. Also, Make N Music, Inc 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 Make N Music,
Inc 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 Make N Music, Inc
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. In the event of a pricing error, Make N Music, Inc 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.
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.
List Prices
List Price is the suggested retail selling price of a product provided to us
by manufacturers. We may commonly sell products at prices lower than List Price
and, for any given product, no sales may have occurred at List Price.
List Price is a benchmark to compare our discounts from List Price to pricing
offered by other retailers. Whether other retailers sell at List Price will
vary by product, geographic location, type of store, and over time.
Although we periodically update the List Prices 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 List Price information.
List Prices 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 List Price and, for any
given product, no sales may have occurred at List Price.
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 list price.
Disclaimer of Warranties
The information on the site is provided "as is," without warranty of any kind.
Without limiting the foregoing, Make N Music, Inc 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 Make N Music, Inc 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 Make N Music,
Inc 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.
Make N Music, Inc’s 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.
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 Maryland as those laws are applied to contracts
entered into and to be performed entirely in Maryland, 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
Frederick, Maryland, and you irrevocably submit to the exclusive jurisdiction and
venue of such courts.
E-mail: sales@makenmusicmd.com