Terms and Conditions HEADING_TITLE

Thank you for using the NSM88 Records web site. By using our site you agree to be bound by its Conditions of Use, Privacy Policy and all Legal Notices/Disclaimers, terms and conditions that appear elsewhere on our site. Last Update: 28 May 2009.

NSM88 Records LLC., refers to the nsm88records.com Website, NSM88 Records. or its affiliates as deemed appropriate by NSM88 Records, LLC.

NSM88 Records, LLC. reserves the right to make changes to the NSM88 Records web site and its Conditions of Use, Privacy Policy and/or Disclaimers/Legal Notices at any time. Each time you use our site you should visit and review the current Conditions of Use, Privacy Policy, Legal Notices (if applicable) and Disclaimers (if applicable) that apply to your transactions and use of our site. If you are unhappy with our site, its contents, themes, Conditions of Use, Privacy Policy, Legal Notices and/or Disclaimers you agree that your sole and exclusive remedy is to stop using the site.

IMPORTANT: Tampering, hacking, misrepresenting the identity of a user or conducting fraudulent activities on our site are prohibited and will be prosecuted to the fullest extent of the law. All IP addresses are tracked and logged.

 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

     

    • Our site is provided on an "as is" and "as available" basis. NSM88 Records, LLC. makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, themes, materials or products included on the site. No oral or written statements/advice from NSM88 Records, LLC. creates a warranty. YOU EXPRESSLY AGREE THAT YOU USE OUR SITE AT YOUR SOLE RISK.
    • To the full extent permissible by applicable law, NSM88 Records, LLC. disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. NSM88 Records, LLC. does not warrant that this site, its servers or email sent from NSM88 Records, LLC. are free of viruses or other harmful components though will take industry leading steps to prevent viruses or any other harmful components.
    • COMMON SENSE CLAUSE: NSM88 Records, LLC. will not be liable for any damages of any kind arising from the use of (or inability to use) our site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. The limitation of liability applies in any action, whether in contract, tort or any other claim and applies to all content, merchandise and services available through our site. If you feel offended, hurt, agitated or unable to act responsibly then do us all a favor and just go somewhere else. Click the close button.
    • NSM does not warrant the accuracy, integrity or completeness of the content provided on our site. NSM88 Records, LLC. also does not warrant that the content provided on our site is applicable to, or appropriate for use in, locations outside of the United States. It is up to you to know the laws of your country/area.

     

  2. COPYRIGHT

     

    • All content included on our site, such as text, graphics, logos, button icons, images, audio/video/digital clips, digital downloads, data compilations and software is the property NSM88 Records, LLC  or our content suppliers and protected by United States and international copyright laws. The compilation of all content on our site is the exclusive property of NSM and protected by United States and international copyright laws.
    • We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NSM the written information specified below. Note that the procedure is only for notifying NSM that your copyrighted material may have been infringed.

       

      • An electronic or, preferably, physical signature of the person authorized to act on behalf of the owner of the copyright interest.
      • A description of the copyrighted work you claim has been infringed upon.
      • A description of where the infringed material is located on our site.
      • A statement by you that you have a good-faith belief that the use in question has not been authorized by the copyright owner, agent or applicable law.

     

  3. YOUR COMMUICATIONS WITH US: EMAIL AND ELECTRONIC
    • Users visiting our site or sending emails to us are commicating electronically. You consent to receive commuications from us electronically. NSM88 Records, LLC will commicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclaimers and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

     

  4. YOUR COMMUNICATIONS WITH US: REVIEWS, COMMENTS & OTHER ITEMS
    • Users may post reviews and submit ideas, suggestions, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, objectionable or otherwise injurious to any party. NSM88 Records, LLC reserves the right to determine what material is deemed objectionable.
    • Users may not use a false email address, impersonate any person, entity or organization or otherwise mislead as to the origin of any content. NSM88 Records, LLC reserves the right (but not the obligation) to remove or edit such content.
    • Users posting content or submitting material grant NSM88 Records, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media format.
    • Users further grant NSM88 Records, LLC and its affiliates the right to use the name submitted in connection with the content, if they so choose.
    • Users represent and warrant that they control all rights to the posted content; that the content is accurate; that use of the content supplied does not violate NSM88 Records, LLC policies and will not cause injury to any person, entity or organization. Users indemnify NSM and its affiliates for all claims resulting from user supplied content. NSM88 Records, LLC has the right (but not the obligation) to monitor, edit or remove any activity or content. NSM88 Records, LLC takes no responsibility and assumes no liability for any user or third party supplied content.

     

  5. USER ACCOUNT INFORMATION
    • You are responsible for maintaining the confidentiality of your account and restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password.
    • NSM88 Records, LLC.  reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at our sole discretion. If an account is terminated, users are liable for any orders or charges placed prior to termination unless otherwise decided by NSM88 Records, LLC.

     

  6. SITE ERRORS AND ACCURACY
    • Prices and availability of products and services are subject to change without notice although we do our best to be as accurate and up-to-date as possible. Errors will be corrected when discovered and NSM88 Records, LLC. reserves the right to revoke any offer and to correct any errors, omissions or inaccuracies including after an order has been submitted and whether or not the order has been confirmed and your credit card charged (if applicable).
    • If your credit card has already been charged for a purchase and NSM88 Records, LLC cancels your order due to an error on the site, NSM88 Records, LLC will issue a credit to your card account in the amount of the charge. Note: This only applies to charges as a result of errors and not to any other issue.

     

  7. SITE USE LICENSE AND SITE ACCESS LIMITATIONS
    • NSM88 Records, LLC grants you a limited use license (LUL) to access and make personal use of our site and not to dowload (other than browser page cache) or modify the site, or any portion of the site, without the express, written consent of NSM88 Records, LLC.
    • The LUL does not include any resale or commercial use of the site or its contents; any compilation and use of product listings, descriptions or prices; any derivative use of the site or its contents; any downloading or copying of account information for any other organization; or, any use of data extraction/mining/gathering tools.
    • The site or any portion thereof may never be reproduced or exploited for any commercial or political purpose without the express, written consent of NSM88 Records, LLC.
    • NSM88 Records, LLC does not allow framing or utilization of framing techniques of logos or proprietary information of NSM88 Records, LLC or our content suppliers without express, written consent.
    • Users must not utilize meta tags or other hidden or deceptive techniques using NSM88 Records, LLC logos, sites or proprietary material without express, written consent.
    • Unauthorized use terminates the LUL immediately whether or not NSM88 Records, LLC. is aware of the violation.
    • Users are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of NSM88Records only if the link does not portray NSM88 Records, LLC. or any of its affiliates in a false, misleading, derogatory or otherwise objectionable manner.
    • Users may not utilize any NSM88 Records, LLC logos or other proprietary graphic as part of the link without express, written permission.

     

  8. PRODUCTS AND PRICING
    • NSM88 Records, LLC always attempts to be as accurate as possible with our product descriptions. However, we cannot warrant that the product descriptions or other content of our site are accurate, complete, reliable or current.
    • NSM88 Records, LLC also attempts to be as accurate as possible with our product displays. However, we cannot warrant that the color you see matches the product color, as the display settings of your monitor determine, in part, the display of the color.
    • NSM88 Records, LLC attempts to always have listed items in stock. However, there may be times when an item is temporarily out of stock or unavailable for some other reason. In the event an item goes out of stock, we will do promptly notify you and provide an estimated arrival time.
    • NSM88 Records, LLC always attempts to be as accurate as possible with our pricing. If we discover a mispriced item at the time of your order, we will do one of the following:
      • If the correct price is lower than our stated price, we will charge the lower amount and ship you the item;
      • If the correct price is higher than our stated price we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and tell you about the cancellation.

     

  9. ORDERING FROM NSM88 Records, LLC.
    • You place your online order using our secure shopping cart. After you place your order, we will check the information you gave us for validity. We reserve the right to cancel any order for any reason and/or to limit quantities without any reason. If we reject an order, we will attempt to notify the user by the email address provided with the order.
    • Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order and does not constitute confirmation of our offer to sell. NSM88 Records, LLC reserves the right to cancel or decline your order at any time after receipt of your order for any reason.
    • NSM88 Records, LLC. may, at its sole discretion, limit or cancel quantities purchased per person, group, organization, entity, billing address or shipping address. If we cancel an order, we will attempt to promptly send notification using the email provided and/or billing address provided at the time of ordering.
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