Terms & Conditions
This page states the Terms and Conditions under which you may use the Child of the King Records Web Site (hereinafter referred to as the "Web Site" or "Site".) Please read the following carefully. If you do not accept the terms and conditions stated here, do not use this Web Site and service . By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. Child of the King Records may modify, revise or update these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the Child of the King Records Web Site for any reason.
USE OF MATERIAL
The contents of this Web Site, such as text, graphics, images, logos, button
icons, software and other material (collectively, the "Material"),
are protected under both U.S., Canadian and foreign copyright, trademark and
other laws.
All Material is the property
of Child of the King Records, its licensors, or its content supplier or
clients.
The compilation (meaning the
collection, arrangement and assembly) of all content on this Web Site is the
exclusive property of Child of the King Records and protected by
You shall not copy or adapt the HTML or ASP code that Child of the King Records
creates to generate its pages.
It is
also protected by Child of the King Record’s copyright.
SITE USE
The following are the general rules that govern the Child of the King Records
Web Site.
Individuals may use the Web
Site only for lawful purposes such as ordering products from the Web Site.
Users may not use the Web Site in order to
transmit, distribute, store or destroy material (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or
violate the privacy, publicity or other personal rights of others, or (c) that
is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail booming" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. Child of the King Records will investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Child of the King Records specifically prohibits, and all users agree not to
use the Web Site, for any other use, including the following:
(a) providing any incomplete, false or
inaccurate information, which is not your own when ordering, (b) using any
device, software or routine to interfere or attempt to interfere with the
proper working of this Web Site or any activity being conducted on this Web Site,
(c) taking any action which imposes an unreasonable or disproportionately large
load on this Web Site's infrastructure, (d) notwithstanding anything to the
contrary herein, using or attempting to use any engine, software, tool, agent
or other device or mechanism (including, without limitation, browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Web Site
other than the search engine and search agents available from Child of the King
Records, if any, on this Web Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer) and (e) attempting
to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up part of the Web Site.
USER FEEDBACK AND COMMENTS
All feedback, comments, suggestions, ideas and other submissions, (collectively
referred to as "submissions") received by Child of the King Records by
electronic mail or otherwise will be treated as non-confidential and
non-proprietary.
Child of the King
Records is free to use any feedback, comments, suggestions, ideas and other
submissions for any purpose, including but not limited to developing and
marketing products using such information.
Your transmission of any submissions to Child
of the King Records shall constitute an assignment from you to Child of the
King Records of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the submissions.
Child of the King Records has no obligation to
pay any compensation for any submissions or to respond to any submissions.
You agree that no submissions submitted by you to Child of the King Records will
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary rights, or will be or contain libelous or
otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible
for the content of any submissions you make.
LIMITATION OF LIABILITY AND
WARRANTIES
CHILD OF THE KING RECORDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS.
CHILD OF THE KING RECORDS
SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY
INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN
OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM
WHATEVER CAUSE.
YOU AGREE TO USE THE WEB
SITE AND THE CONTENT AT YOUR OWN RISK.
THE SITE AND CONTENT ARE PROVIDED BY CHILD OF THE KING RECORDS ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, CHILD
OF THE KING RECORDS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT
WARRANTY, IF ANY, OFFERED BY THE MANUFACTURER OF ANY PRODUCTS INCLUDED IN THE
SITE.
CHILD OF THE KING RECORDS DOES NOT WARRANT THAT THE SITE WILL OPERATE
ERROR-FREE OR THAT THE SITE, ITS SERVER OR THE CONTENT ARE FREE OF COMPUTER
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
CHILD OF THE KING RECORDS SHALL NOT BE
RESPONSIBLE FOR ANY COSTS RELATING TO THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA ARISING FROM YOUR USE OF THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR USE OF THE SITE.
CHILD OF THE KING RECORDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR
INABILITY TO USE THE SITE AND THE CONTENT, EVEN IF CHILD OF THE KING RECORDS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, CHILD OF THE KING RECORDS LIABILITY
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CHILD OF THE KING RECORDS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO
DATE INFORMATION IN THE SITE. CHILD OF THE KING RECORDS MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO ITS ACCURACY.
CHILD OF THE KING RECORDS ASSUMES NO LIABILITY
FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold Child of the King Records, its
officers, directors, employees and agents harmless from and against any and all
claims, actions, damages, costs and expenses, including attorney's fees,
arising or relating from your breach of these Terms and Agreement or your
access to, use or misuse of the Site or the Site Materials. Child of the King
Records reserves the right to assume the exclusive defense and control of any
matter which is subject to indemnification under this provision.
Furthermore, you agree to cooperate fully in
the defense of any such matter.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these
Terms and Conditions.
You also agree not
to make any unauthorized commercial use of the Web Site.
TERMINATION
Child of the King Records reserves the right, at its sole discretion, to
pursue all of its legal remedies upon any breach by you of these Terms and
Conditions or if Child of the King Records is unable to verify or authenticate
any information you submit to the Web Site.
SEVERABILITY
If any provision of these Terms and Conditions are found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect.
No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or any
other term.
LINKS TO OR FROM OTHER SITES
This Site may contain links to or from other sites on the Internet that are
owned and operated by third parties, the availability and content of which we
have not reviewed or created and which we do not control.
Child of the King Records is not responsible
for the content of any linked third party sites and does not make any
representation regarding the content or accuracy of material on such third
party sites.
Your use of these sites is
at your own risk.
USE BY CHILDREN
Children are not eligible to use our services and we ask that minors (under the
age of 18) do not submit any personal information to us.
If you are a minor, you can use this service
only in conjunction with your parents or guardians.
To the extent that Child of the King Records learns
that it has received information from children, it will be deleted.
DATA TRANSMISSION
Child of the King Records will use all reasonable efforts to safeguard the
confidentiality of data transmissions, however, transmission made by means of
the Internet cannot be made absolutely secure.
Child of the King Records will have no
liability for disclosure of personal data due to error in transmission or
unauthorized acts of third parties.
CREDIT CARD USE
If you prefer not to send your credit card number through the Internet, you
may place your order by printing out the order page from our Shopping Cart and
mailing it to:
Child of the King
Records, Customer Service Department, P.O. Box 8264, South Bend, IN
46660.
In the event of unauthorized use of your credit card, applicable law and
regulations may limit your liability, and many banks delete the charges that
result from the unauthorized use.
CHILD
OF THE KING RECORDS DISCLAIMS ALL RESPONSIBILITY FOR UNAUTHORIZED CREDIT CARD
USE.
PRICING
All product pricing is in US Dollars.
Prices
are subject to change without notice. Prices are subject to applicable taxes.
WEBSITE
COLORS
Child of the King Records has made every effort to display as accurately as
possible the colors of our products that appear on the Site.
The actual colors you will see, however, will
depend upon your monitor.
We, therefore,
cannot guarantee that your monitor’s display of any color will be accurate.
PROMOTIONAL OFFERS
All promotional offers are for a limited time only and may be discontinued by Child
of the King Records at any time.
Promotional
offers for specific products are good only while supplies last.
Discounts do not apply to shipping costs,
handling fees or sales taxes.
Minimum
purchase amounts exclude shipping costs, handling fees and sales taxes. Promotional
offers cannot be redeemed for cash, and are void where prohibited by law.
APPLICABLE LAWS
The Site is based in the State of Indiana,
The
MISCELLANEOUS
These Terms and Agreements shall be construed in accordance with the laws of
the State of Indiana, without regard to any conflict of law provisions.
You consent to exclusive jurisdiction and
venue of courts in the State of
