Terms of service
TERMS OF USE
Acceptance of Contract Terms
The following forms a legal agreement between you and Gramophone. By using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms please do not use this site. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales thereunder is governed by the laws of Maryland, without regard to conflict of laws rules and Maryland will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site.
Gramophone is pleased to offer this website for the benefit of our customers and the general public. Feel free to enjoy the site as much as you like. Your choice to visit our website or to take advantage of its features does not create an agency relationship between you and Gramophone. You are free to browse our site and use its features, and in doing so you are not acting on our behalf. To the extent Gramophone provides instructions on how to use or take advantage of any feature of the site, you are under no obligation to use or take advantage of that feature. The instructions Gramophone provides are intended solely to inform you how to take advantage of any such feature, should you in your sole discretion ultimately decide to do so.
Use Restrictions
The copyright in all material provided on this site is held by Gramophone. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Gramophone. Permission is granted only to legal residents of the United States who are over the age of thirteen (13) years to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Gramophone. Upon termination you must immediately destroy any downloaded and printed materials. You also can not "mirror" any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Gramophone and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Gramophone enforces its intellectual property rights to the fullest extent of the law. Gramophone prohibits use of the Gramophone logo as a "hot" link to the Gramophone site unless establishment of such a link is approved in advance by Gramophone in writing.
Disclaimer Warranty
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, GRAMOPHONE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. GRAMOPHONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GRAMOPHONE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF GRAMOPHONE OR A GRAMOPHONE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, Gramophone shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card or any other form of payment normally is not charged prior to shipping an order, if you have already been charged for the purchase and the order is canceled Gramophone will immediately issue a credit to your credit card account or other payment type in the amount of the incorrect price.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Gramophone reserves the right at any time after receipt of your order to accept or decline your order for any reason. Gramophone is a reseller to end-users in the United States only and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products purchased from Gramophone.
Sales Taxes
Gramophone withholds applicable sales tax for orders to be delivered to addresses within Maryland. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.
Use of Automated Marketing / Messaging / SMS Text Messages
When you subscribe to automated messages (e-mail, sms, and social media marketing and web advertising) SKY by Gramophone's website uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart. You agree to receive automated messaging from the point where you opt-in to these messages and alerts until you request to opt-out of them. Please keep in mind it may take SKY by Gramophone between 1-2 business days to process your opt-out request and opt-out will not stop any transactional related messages related to your SKY by Gramophone orders and your account(s) with SKY by Gramophone. By opting-in to these activities you consent to receive these marketing messages at which point until you opt-out. SKY by Gramophone may share limited data with third-party service providers to provide these services to you; however, SKY by Gramophone will never sell your personal identifiable information to any third party.
Transmissions
Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Gramophone or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Gramophone will be handled in accordance with Gramophone's Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.
Children's Online Policy
Gramophone is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. Gramophone.com sells products intended for purchase by adults. If you make a purchase on Gramophone.com, you are representing that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using Gramophone.com.
Term of Use Revisions
Gramophone may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.