PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR
Ash") located at 7726 Cheri Court, Tampa, FL 33634, sets forth the terms and conditions which apply
to the use by you of www.samash.com or other sites owned and operated by Sam Ash (collectively the “
Site”) and any other product or service offered by Sam Ash for use, subscription or sale
(collectively, “Services”). Subject to the terms and conditions below, and your acceptance thereof,
Sam Ash agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer
license to use and display the related software for your personal (or household) non-commercial use
by any machine(s) of which you are the primary user (“Limited Licensee”). Without limiting the
forgoing, you agree not to use the contents of the Services for any other use or purpose. You
further agree that you will not, and will not attempt, to copy or distribute the content of the
Site or Services to any other person unless specifically permitted by Sam Ash or otherwise violate
the single computer, non-commercial display and use Limited License granted hereunder.
If you do not understand and accept the provisions, do not use the Site or the Services. Your
use of the Site or any Services shall be deemed to constitute your acceptance of this Agreement and
all of Sam Ash’s rules and restrictions related to the Site and Services, as they may change from
time to time.
You agree to use the Site and Services only as lawful in the United States, and
all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and
all subdivisions thereof, with respect to which you use, access or reach out to with regard to the
Services. Without limiting the foregoing, you agree not to post on or transmit through the Site and
Services any material which violates or infringes in any way upon the rights of others; is
threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is
obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which
encourages conduct that would violate any law or give rise to civil or criminal liability under any
law. You agree to abide by the terms and conditions of this Agreement and any additional terms,
conditions, rules or procedures imposed by Sam Ash or by third-party content providers in
connection with third-party content, software or services available on or through the Site or
The content of the Site includes copyrighted materials, trademarks and other
proprietary information, which may include, without limitation, text, software, photos, video,
audio visual recordings, graphics, music and sound. The entire contents of the Site and the
Services are copyrighted as a collective work under the United States copyright laws and/or similar
laws of other jurisdictions. Sam Ash owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to Sam Ash. Third-party content
providers own the copyrights in certain content that is original to them.
SAM ASH, SAM ASH DIRECT,
www.samash.com, and SAM ASH QUIKSHIP are trademarks and
service marks of Sam Ash Music Corporation used by Sam Ash Quikship Corp. under license. All rights
are reserved. All other trademarks and service marks appearing on the site are the property of
their respective owners, including, in some instances, Sam Ash. All rights are reserved. Use of any
of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may
not display our Services or content in frames or “in-line links” without express written permission
from Sam Ash (e-mail requests to email@example.com).
Sam Ash hereby grants you a non-exclusive, limited licensee, revocable at Sam Ash’s
discretion, for you to link to any page on the samash.com site from any site that is not
commercially competitive to Sam Ash and does not criticize or otherwise injure Sam Ash, so long as
the site where the link resides, and all other locations to which such site links, comply with all
applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of
privacy, publicity, intellectual property or other legal rights of others or, in any way, post,
publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane,
indecent, obscene or illegal/unlawful information, topic, name or other material. All of Sam Ash’s
rights and remedies are expressly reserved.
You agree to be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Site and Services, and you shall
be responsible for all charges related thereto.
You understand that we cannot and do not promise, guarantee or warrant that
files you download through the Internet will be free from viruses, worms, Trojan horses or other
code that may be destructive. You are responsible for implementing sufficient safeguards for
yourself. We do not assume any responsibility for your use of the Internet.
The content of the Site and/or Services may not be complete or up-to-date and should not be
used to replace any other statements or notices provided by us. Information obtained by using the
Site and/or Services is not exhaustive and does not necessarily cover all relevant issues.
FOR YOUR INFORMATION
USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND
WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO
NOT WARRANT THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR
ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS
OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF
THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
SAM ASH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, HEREAFTER IN THIS PARAGRAPH, “
SAM ASH”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF SAM ASH TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SAM ASH.
All products sold on the Site are sold with the warranty of their respective manufacturers
and with the Sam Ash 45/60 day return/price protection policy. Except for those warranties
and any other written warranty shown on the Site or purchased on the Site all products and Services
are sold without warranty express or implied, and include no warranty of fitness for a particular
You will indemnify and hold
, its parents, subsidiaries, affiliates, licensors, licensees, customers,
content providers, service providers, employees, agents, officers, directors and contractors (“
that the Indemnified Parties will have no liability in connection with any such breach or
unauthorized use. You agree to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorney’s fees of the Indemnified Parties in connection herewith. You will
also indemnify and hold the Indemnified Parties harmless from and against any claims brought by any
third parties arising out of your use of this Site or the Services.
All comments, reviews, articles, sound files, videos, and photographs
(collectively “Submitted Content”) you submit to Sam Ash directly or through user surveys become
the property of Sam Ash and, except as otherwise specifically stated on the Site, you grant a
perpetual, non-exclusive, royalty free license giving Sam Ash the right to use the Submitted
Content for any purpose, including, but not limited to the advertising and promotion of the Site
and the Services.
SECURITY AND PRIVACY
Any passwords used for registration on the Site are for individual use
only. You are solely responsible for the security of your password. We may monitor your password
and, at our discretion, require you to change it. If you use a password that we consider insecure,
we may require it to be changed or we may end your account.
If you become involved in any violation of system security, we reserve the right to release
your details to system administrators at other sites in order to assist them in resolving security
We reserve the right to cooperate fully with any law enforcement authorities or court order
requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SAM ASH FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY SAM ASH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SAM ASH OR LAW ENFORCEMENT
You agree that Sam Ash shall have the right, but not the obligation, to monitor the content
of the Services and the use of the Services by you and other users (including, without limitation,
by keystroke capture) to determine compliance with this Agreement and for any other purpose deemed
appropriate by Sam Ash and further that Sam Ash may use the information gathered during such
monitoring for any purpose deemed appropriate by Sam Ash to the extent permitted by law. You
https://www.samash.com/opencms/opencms/samash/footer/helpcenter/PrivacyPolicy.htm (click to link)
as it may change from time to time, personal data provided by you to Sam Ash may be used, to the
extent permitted by law, for any purpose Sam Ash deems appropriate and may, within Sam Ash's sole
discretion, be given or sold to our affiliates or third parties. You acknowledge that you
understand that when you disclose personal information (e.g., user name, e-mail address) on the
Site or Services, that information can be monitored, collected and used by others and may result in
unsolicited messages from other users or other third parties and that you consent to all such
monitoring, collection and use. If you object to our sharing of your personal information, you may
opt out of information governed by mandatory opt out provisions under the Financial Services
Modernization Act and the Fair Reporting Act, to the extent required by such acts, if we ever
collect such information and even though we are not governed by those acts.
You agree that Sam Ash in its sole discretion, shall have the right, but not the obligation,
to edit, refuse to post or remove any Submitted Content, for any reason whatsoever, including,
without limitation, if Sam Ash considers that the Submitted Content constitutes or promotes
gambling or any illegal activity, or if Sam Ash considers the material to be pornographic, sexually
explicit, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
Notwithstanding the foregoing, you shall remain solely responsible for the content of material you
upload, post or otherwise make available on the Site or the Services. Furthermore, you acknowledge
that the Site and Services may not be monitored and that you do not rely on Sam Ash to monitor or
edit the Site or Services and that the Site or Services may contain content which you find
offensive, and you hereby waive any objections you might have with respect to viewing such content.
the State of New York, notwithstanding any conflicts of law. You specifically consent to personal
jurisdiction in New York in connection with any dispute between you and us. The parties to these
the state and federal courts in New York City (Manhattan), New York; provided that Sam Ash may
elect to bring an action against you in any applicable jurisdiction if you fail to submit to
jurisdiction and venue in New York, New York or to enforce any award or order. You agree that any
suit, action or proceeding arising out of or relating to this Agreement or any of the transactions
contemplated herein or related to the Site or Services (including without limitation, statutory,
equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator
under the rules and regulations of the American Arbitration Association (“AAA”); provided, however,
that notwithstanding the parties’ decision to resolve any and all disputes arising under this
Agreement through arbitration, Sam Ash may seek to obtain injunctive relief or other equitable
relief from a court to enforce the provisions hereof or the decision of the arbitrator. The
arbitration shall be held in New York, New York. The arbitrator shall apply the substantive laws of
the State of New York, shall issue a written decision, and shall have the power to award any legal
remedies except for punitive damages. The parties will split the arbitrator’s fee. You irrevocably
waive any rights to bring or participate in any class action related in any way hereto.
In the event that we choose to feature various contests and promotions on the
Sam Ash operates and controls the Site from its offices in New York, in the
United States of America. Sam Ash makes no representation that the Site or Services is appropriate
or available in other locations. Accordingly, those persons who choose to access the Site or
Services from other locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You and Sam Ash irrevocably disclaim
and waive the application of the U.N. Convention for the International Sale of Goods. Software from
this Site is subject to United States export controls. Thus, no software from this Site may be
downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
(b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant
that you are not located in, under the control of, or a national or resident of, any such country
or on any such list. These Terms and Conditions are effective until terminated by either party.
Users may terminate this Agreement by destroying all Materials (including without limitation, all
related documentation and all copies and installations thereof, whether made under these Terms of
Use or otherwise) obtained from this Site (or any other web site or source). The privileges granted
to you under this Agreement will terminate immediately and automatically without notice from Sam
Ash if, in our sole discretion, you fail to comply with any term or provision of these Terms of
Use. Upon such termination, you must destroy all materials obtained via this Site or the Services
(or any other web site or source), and all copies thereof, whether or not made under the terms of
this Agreement. This Agreement contains the entire understanding of you and Sam Ash, and supersedes
all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be
changed or modified by you except by a writing signed by an authorized signatory for Sam Ash.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the
notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement
will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain,
as modified, in full force and effect. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal import. You hereby
waive any and all defenses you may have based on the electronic form of this Agreement and the lack
of signing by the parties hereto to execute this Agreement.
Complaints, Notices and Official Address:
Sam Ash takes the intellectual property rights of
others very seriously and complies with the complaint procedures of the Digital Millennium
Copyright Act. If you believe that any of the content displayed on or made available via the Site
or Services infringes any rights, including copyrights or trademarks, owned by you, or by an owner
for which you are authorized to act, please send the specific details of your claimed infringement
via either email or letter to the contact listed below.
Name and Contact Information of Agent Designated to Receive Notification of Claimed
Infringement (or other legal notices or requests):
Sam Ash Quikship Corp.
278 Duffy Avenue
PO Box 9047
Hicksville, NY 11802-9047
Attn: Legal Department
DO NOT SEND ANY INQUIRIES UNRELATED TO INTELLECTUAL PROPERTY INFRINGEMENT (E.G., REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED
ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
All other correspondence
should be sent to Webmaster@samash.com.
In your notification, please include the following information:
1. Identification of the copyrighted work(s) claimed to have been infringed
and statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as
an address, telephone number and email address at which you may be contacted;
4. A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the
notification is accurate and that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; and
6. Your physical or electronic signature.
Last updated: April 26, 2011
Sam Ash® Sam Ash Direct® Sam Ash Quikship® samash.com ® and all logos,
names and all related indicia are service marks or trademarks of Sam Ash Music Corporation or
provided by third parties under license or permission.
© 2008. All rights reserved.