Terms and conditions
This website is operated by TheRockSound. Throughout the site, the terms “we”, “us” and “our” refer to TheRockSound. TheRockSound this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing anything from us, you are engaging in our “service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, sellers, customers, merchants and/or content contributors.
Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use the services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools added to the current store will also be subject to the terms of service. You can consult the most recent version of the terms of service at any time on this page. We reserve the right to update, modify or replace any part of these terms of service by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF USE OF THE ONLINE STORE
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor dependent of yours to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in the use of the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms, viruses or code of a destructive nature.
Any breach or violation of any of the Terms will result in immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service or access to the service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and are not intended to limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for any decision without consulting primary, more accurate, complete or timely sources of information. Any use of materials on this site is at your own risk.
This site may contain certain historical information. This historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - SERVICE AND PRICE CHANGES
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our returns policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the colors displayed on your computer screen will be accurate.
We reserve the right, but are not obliged, to restrict sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. Please note that product images are not contractual.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of an order change or cancellation, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.
For more details, please see our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising from or relating to your use of any third-party optional tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).
We may also, in the future, offer new services and/or features through the website (including the provision of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party materials or web sites, or for any other third party materials, products or services.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or if, without our having asked you to do so, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, “Feedback”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and use in any way, in any media, the Feedback you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay any compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Use.
You agree that your Comments will not violate any rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your Comments will not contain any defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that may in any way affect the operation of the Service or any related web site. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or others as to the identity of the author of your comment.
SECTION 10 - PERSONAL INFORMATION
The sending of personal information through the store is governed by our privacy policy. To consult our privacy policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
Information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any linked website is inaccurate, at any time and without notice (including after you submit your order).
We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including but not limited to pricing information, except as required by law. No update or refresh date specified in the Service or on any related website shall be deemed to indicate that any information contained in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, etc.; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any related web site, other web sites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scrapping purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your
ARTICLE 13 - EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant that use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time withdraw the service indefinitely or cancel it at any time without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services provided to you through the service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall TheRockSound, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential, including, but not limited to, loss of profits, revenue, savings, data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, resulting from the use of any of TheRockSound’'s or its affiliates' websites.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold TheRockSound, and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Service are valid until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If we believe that you are in breach of, or suspect that you have breached, any of the terms or provisions of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any operating policies or rules published by us on this Site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, all prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall not be construed against the party that drafted them.
ARTICLE 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
ARTICLE 19 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.
ARTICLE 19 - LICENCE TO USE WEBSITE
You may view or download selected products for demo/trial or for caching purposes only, and print pages from the website provided that:
(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(c) you must not edit or otherwise modify any material on the website.
TheRockSound.com contains information, advice, text and other materials that are provided for your convenience and enjoyment. You should be aware that the information may contain errors, omissions, inaccuracies or outdated information. TheRockSound.com makes no warranty as to the completeness, accuracy, adequacy, timeliness or reliability of any information and shall not be liable for the lack of any of the foregoing. Descriptions of or references to products on this site do not imply endorsement of those products.
ARTICLE 20 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
ARTICLE 21 - LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, TheRockSound disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TheRockSound.com will not be liable for damages of any kind resulting from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.
Any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from TheRockSound.com or through or from TheRockSound.com will be relied upon.
TheRockSound.com does not create any warranty not expressly stated in these terms and conditions.
ARTICLE 22 -THEROCKSOUND TRADEMARKS
All references to brands on this site/page, including references to brands and instruments, are provided for descriptive purposes only. For example, references to instrument marks are provided to describe the sound of the instrument and/or the instrument used in the sample. TheRockSound has no (and claims no) association with or endorsement by these marks. Any goodwill attached to these marks belongs to the owner of the mark. TheRockSound.com or its suppliers accept no responsibility in relation to sample content or accuracy of description.
ARTICLE 23 - ACCEPTABLE USE POLICY
1. You agree and undertake not to publish, communicate, employ, transmit or make available on or through our website or in connection with the use of TheRockSound any statement, material, communication or other content which:
1.1.1 is unlawful or gives rise to civil or criminal liability;
1.1.2 infringes the intellectual property or other rights of any third party;
1.1.3 in the case of downloading material using TheRockSound's services, includes any content other than music-related audiovisual material.
1.1.4 involves exploitative behavior, through, but not limited to, third party programs, bots, scripts or other means that are reasonably prohibited by us from time to time, or that take advantage of bugs, inadvertent errors, or features that have not been documented, to access restricted parts of our website or services;
1.1.5 is technically harmful, such as computer viruses, worms, logic bombs or other malicious software or harmful data;
1.1.6 is directed at persons under the age of 18 or seeks or attempts to arrange to meet any person under the age of 18;
1.1.7 is abusive, seditious, sexist, pornographic, homophobic, defamatory, discriminatory, obscene or racist;
1.1.8 harasses any person;
1.1.9 may be considered a marketing or commercial communication or promotes a person's products or services;
1.1.10 contains restricted information, including passwords, medical information or confidential information of any person; or 1.1.11 solicits, promotes, invites, encourages, advocates, induces or provokes any or all of the foregoing.
1.2 You authorize us to remove, restrict, suspend or edit any material you provide to us through our website or services, in our sole and absolute discretion, including, but not limited to, content that conflicts with the terms of this Acceptable Use Policy.
1.3 If you become aware of any material that you believe violates this Acceptable Use Policy or is otherwise objectionable, please notify us at support@TheRockSound.com.
ARTICLE 24 - CONTACT INFORMATION
Via the contact form on our e-mail address: support@TheRockSound.com