WWW.SAMASH.COM TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE OR SERVICES.
This agreement ("Agreement" or “Terms of Use”) between you and Sam Ash Quikship Corp. (“Sam 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.

LAWFUL USE

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 Services.

RIGHTS

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 webmaster@samash.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.

EQUIPMENT

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.

DISCLAIMER

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 purpose.

You will indemnify and hold Sam Ash, its parents, subsidiaries, affiliates, licensors, licensees, customers, content providers, service providers, employees, agents, officers, directors and contractors (“ Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of content from the site other than as expressly authorized by us in these Terms of Use. You agree 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.

SUBMISSIONS

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 incidents. We reserve the right to investigate all suspected violations of these Terms of Use.

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 otherwise making available any materials that are believed to violate these Terms of Use.

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 AUTHORITIES.

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 further agree that, subject only to Sam Ash’s Privacy Policy 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.

GOVERNING LAW

These Terms of Use will be governed and interpreted pursuant to the laws of 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 Terms of Use each agree that, subject to the arbitration requirement, the exclusive venue for any dispute between the parties arising out of or relating to Sam Ash or these Terms of Use will be in 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.

CONTESTS

In the event that we choose to feature various contests and promotions on the Site, any conflicting rules or terms specific to those events will supersede these Terms of Use.

MISCELLANEOUS

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 items to which they apply.  We may revise these Terms of Use at any time, without prior 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
 
Email: Legaldepartment@samash.com
 
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.

END TERMS OF USE

 
Last updated: April 26, 2011

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