NEXT DAY MUSICAL INSTRUMENTS
THE NEXT DAY MUSICAL INSTRUMENTS DISPUTE RESOLUTION POLICY, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS;
THE NEXT DAY MUSICAL INSTRUMENTS PURCHASE TERMS , WHICH APPLY IF YOU MAKE A PURCHASE FROM NEXT DAY MUSICAL INSTRUMENTS.
License and Use of Content
You may only use the Site and the Content for your own Personal Use, as defined below, and you have no right to transfer, assign or use the Content for any other purpose or to allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for the benefit of someone else ("Personal Use"). You are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast Content, except for your own User Content, as defined below, without our express prior written consent. You may not alter, delete or conceal copyright or other notices.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own Personal Use, provided you agree to be bound by our end user license agreement or other terms for such applications. If we provide social media features which allow you to share information or content about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may take such actions as are enabled by such features.
Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
NEXT DAY MUSICAL INSTRUMENTS 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 NEXT DAY MUSICAL INSTRUMENTS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, NEXT DAY MUSICAL INSTRUMENTS does not warrant the accuracy or completeness of the information provided on the Site, or in electronic or written materials and is not responsible for pricing, typographical or other errors. NEXT DAY MUSICAL INSTRUMENTS may make changes to the information contained herein, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall NEXT DAY MUSICAL INSTRUMENTS 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 on the Site. See our Purchase Terms for more information about pricing and purchases.
Registration and Account Creation
The Site may allow you to register and create an account (including via social media log-in information) ("Account") in order to access or Post (as defined below) certain content on the Site or to purchase products or services on the Site. If you create an Account, 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 grounds for us to suspend or terminate your Account.
You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that occur through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.
User Content and Posting on the Site
Sections of the Site may enable you to submit, provide, transmit, exchange, communicate and display (a "Post" or "Posting") content, messages, photos or profiles (except for Submissions, "User Content"). NEXT DAY MUSICAL INSTRUMENTS will not own or retain any rights to the User Content you post on the Site, other than those limited technical permissions required in order to display, store and serve the User Content.
2. You are solely responsible for the User Content that you Post.
3. By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to NEXT DAY MUSICAL INSTRUMENTS a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such User Content to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on our Site in connection with your Post(s). You also represent and warrant that you have all permissions and licenses necessary to grant such rights to Next Day Musical Instruments, including, by way of example, "right of publicity" and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content pursuant to the instructions provided on the Site. However, NEXT DAY MUSICAL INSTRUMENTS may retain copies of such User Content for non-public, non-commercial archival use.
4. NEXT DAY MUSICAL INSTRUMENTS prohibits Posting User Content that includes, but is not limited to, content that:
a. is patently offensive to the community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
b. harasses or advocates harassment of another person, group or organization;
c. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
d. involves information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. promotes or distributes illegal or unauthorized copies of the copyrighted works of others (examples include, without limitation providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, and/or providing pirated music/video or links to pirated music/video files);
f. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
g. infringes on the rights of privacy or publicity of any individual or misappropriates the name and/or likeness of another;
h. includes material that solicits personal information from anyone, especially from individuals under the age of 18;
i. includes material that is lewd, obscene, contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs;
j. contains any material that depicts, describes or threatens violence;
k. contains words or descriptions that are reasonably considered vulgar, course or crude;
l. provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining illegal drugs, violating someone's privacy, or providing or creating computer viruses;
m. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
n. engages in any unauthorized commercial activities, solicitations and/or sales.
5. You must use the Site in a manner consistent with any and all applicable laws and regulations.
6. You may not engage in advertising to, or solicitation of, other users of the Site including, but not limited to, through any offer to buy or sell any products or services.
This Disclaimer of Warranties ("Disclaimer") applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from Next Day Musical Instruments.
INSTEAD, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEXT DAY MUSICAL INSTRUMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not represent and warrant that the functions contained on the Site will be un-interrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, NEXT DAY MUSICAL INSTRUMENTS wil not provide for specific IT infrastructure or connectivity.
We do not represent or warrant the accuracy or completeness of any Content (including User Content) posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.
The following Limitation of Liability ("Limitation") applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from Next Day Musical Instruments.
Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site "as is." Neither NEXT DAY MUSICAL INSTRUMENTS nor any of our employees, officers, directors, nor any of our agents or any other party involved in creating, producing, or delivering the Site shall be liable to you or any third party for your use of, or the inability to use, the Site or the Content except in cases of (1) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (2) a violation of a consumer protection statute in connection with the Site.
The Site and the Content are copyrighted works of NEXT DAY MUSICAL INSTRUMENTS and/or its suppliers or users. Neither the Site nor the Content 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 our prior written permission.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Next Day Musical Instruments’s Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: NEXT DAY MUSICAL INSTRUMENTS Legal Counsel.
Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
All trademarks are owned by their respective owners or are used under license.
For further information on intellectual property matters contact Next Day Musical Instruments; Attn: Legal Counsel at 1500 N. Markdale; Suite 31; Mesa, AZ 85201.
For questions or technical problems regarding this service, please contact the webmaster.
Contests, Sweepstakes and Promotions
If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that NEXT DAY MUSICAL INSTRUMENTS is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since NEXT DAY MUSICAL INSTRUMENTS neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.
If you have any questions, you may contact NEXT DAY MUSICAL INSTRUMENTS at:
1500 N. Markdale; Suite 31; Mesa, AZ 85201