Equinox Music

TERMS OF USE

WELCOME TO EQUINOX MUSIC. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EQUINOX MUSIC STATING THE TERMS THAT GOVERN YOUR USE OF THE EQUINOX MUSIC STORE AND WEBSITE. THIS AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND EQUINOX MUSIC’S RULES AND POLICIES—COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND EQUINOX MUSIC. IF YOU VISIT OR SHOP AT EQUINOXMUSIC.COM, YOU AGREE TO THESE TERMS AND YOU AGREE TO ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. EQUINOX MUSIC MAY REFUSE ACCESS TO THE EQUINOX MUSIC STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

Definition of Equinox Music

Equinox Music is the provider of the Equinox Music Website and Store, which permit you to purchase digital downloads of sound recordings and printed scores as well as to purchase compact discs and printed scores for shipment to you under certain terms and conditions as set forth in this Agreement.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and software, is the property of Equinox Music, its content suppliers, or CubeCart and is protected by United States and international copyright laws. All musical clips and MP3 files are in a standard format and are for your PERSONAL USE ONLY. You are not allowed to share or distribute your downloaded files on Kazaa or similar services. Unauthorised public performance, broadcasting, copying, and distribution of any information contained on equinoxmusic.com is illegal. All information, artist works, texts, logos etc. are protected by International copyright laws. If you suspect that any material from equinoxmusic.com is being misused and would like to report this, please provide us with specific information.

Privacy

Please review our Privacy Notice, which also governs your visit to equinoxmusic.com, to understand our practices.

System Requirements

Use of the Equinox Music Store and Website require a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of this site involves hardware, software, and Internet access, your ability to use the site may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. By purchasing downloads you assume the risk of obtaining a complete copy within a seven day period from the date of purchase.

Agreement and Site Access

Equinox Music grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Equinox Music. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Equinox Music. You may not use any meta tags or any other "hidden text" utilizing Equinox Music's name or trademarks without the express written consent of Equinox Music. Any unauthorized use terminates the permission or license granted by Equinox Music. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Equinox Music so long as the link does not portray Equinox Music, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Equinox Music logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Equinox Music does sell products for children, but it sells them to adults, who can purchase them with a credit card. If you are under 18, you may use Equinox Music only with involvement of a parent or guardian. Equinox Music reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY EQUINOX MUSIC ON AN "AS IS" AND "AS AVAILABLE" BASIS. EQUINOX MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EQUINOX MUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EQUINOX MUSIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EQUINOX MUSIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EQUINOX MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.

By visiting EquinoxMusic.com, you agree that the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Equinox Music or its affiliates.

Disputes

Any dispute relating in any way to your visit to EquinoxMusic.com or to products you purchase through EquinoxMusic.com shall be submitted to confidential arbitration in Vermont, except that, to the extent you have in any manner violated or threatened to violate Equinox Music's intellectual property rights, Equinox Music may seek injunctive or other appropriate relief in any state or federal court in the state of Vermont, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the laws of Vermont. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.