Terms and Conditions
Last Revised: 2017
Use of this Website
Access to and use of this website located at http://www.altamiraguitars.com/ are subject to the following Terms and Conditions. Please do not use this website unless you agree with these conditions. This website is owned by Altamira Music Holding LLC and operated and maintained by Altamira Guitars LLC (all of the foregoing, collectively, ‘AG’). We reserve the right to discontinue or to make partial or complete modifications to this website or to the Terms and Conditions. Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this website, to view the Terms and Conditions again and to note any changes or amendments that may have been made.
However, services offered by or through this website or related websites, such as promotions, contests, subscriptions and other services, may be governed by additional terms and conditions. You must agree to the additional terms before using such services. These Terms and Conditions and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms and Conditions, the additional term will prevail. Completing any registration process or otherwise accessing or using any part of the website will constitute acceptance of, and create a legally enforceable contract under which you agree to be bound by, all the Terms and Conditions without modification.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall AG or its affiliates, licensors, business partners, and its/their respective officers, directors, employees, shareholders, agents, successors, assigns and service providers be liable for any subject matter related to the website, including content or any aspect of the website, including merchandise, services, or other rewards offered through the website, regardless of the form of any claim of action (whether in contract, negligence, strict liability, or otherwise) for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technologies, goods or services, (c) aggregate damages in excess of amounts paid to AG during the prior 12 months or US$25.00, whichever is greater, or (d) indirect, punitive, reliance, exemplary, incidental, special or consequential damages, including but not limited to, loss of business, revenues, profits, or goodwill, even if any or all of the foregoing or any of their authorized representatives have been advised of the possibility of such damages. By visiting this website you waive any and all rights to bring any claim or action related to such matters in any forum.
These limitations are independent from all other provisions of these Terms and Conditions and shall apply notwithstanding the failure of any remedy provided herein.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
AG, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers are not responsible for any products or services offered on any partner websites.
Disclaimer of Representations and Warranties
UNLESS EXPRESSLY SPECIFIED OTHERWISE WITH RESPECT TO ANY PRODUCT OR SERVICE MADE AVAILABLE BY AG AT THE WEBSITE, NO REPRESENTATION IS MADE OR WARRANTY GIVEN, EITHER EXPRESSLY OR TACITLY, FOR THE COMPLETENESS OR CORRECTNESS OF THE INFORMATION ON THIS WEBSITE.
WE THEREFORE RECOMMEND THAT YOU CHECK ANY INFORMATION YOU OBTAIN FROM THIS WEBSITE PRIOR TO USING IT IN WHATEVER FORM. ADVICE GIVEN ON THIS WEBSITE DOES NOT EXEMPT YOU FROM CONDUCTING YOUR OWN CHECKS ON OUR LATEST ADVICE AND ON OUR PRODUCTS, WITH A VIEW TO THEIR SUITABILITY FOR THEIR INTENDED PURPOSES. SHOULD YOU REQUIRE ANY ADVICE OR INSTRUCTIONS CONCERNING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US DIRECTLY. USERS OF THIS WEBSITE DECLARE THAT THEY AGREE TO ACCESS THE WEBSITE AND ITS CONTENT AT THEIR OWN RISK. NEITHER AG NOR THIRD PARTIES INVOLVED IN THE WRITING, PRODUCTION OR TRANSMISSION OF THIS WEBSITE CAN BE HELD LIABLE FOR DAMAGE OR INJURY RESULTING FROM ACCESS OR THE IMPOSSIBILITY OF ACCESS OR FROM THE USE OR IMPOSSIBILITY OF USE OF THIS WEBSITE OR FROM THE FACT THAT YOU HAVE RELIED ON INFORMATION GIVEN ON THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The website and all content are for informational purposes only.
Exclusion of Warranties for Third Party Websites
To the fullest extent allowable by law, AG and any promotion agencies specifically disclaim any representations or warranties, express or implied, regarding the products and/or services offered on any third party website, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.
Trademarks and Copyright
All of the names, titles, logos, and designs on this website identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of AG and its affiliates. All other names, titles, logos and designs appearing on this website are the property of their respective owners.
This website may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Material”) and the entire contents of this website also are protected by copyright as a collective work and/or compilation under the United States copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.
Monitoring of and Access to Website
AG reserves the right to monitor and control access to this website at all times and to take all necessary measures to prevent or restrain any unauthorized or prohibited access or use of this website, including without limitation, taking legal action, or suspending or terminating your access to the Website without notice. By accessing this website you expressly consent to any such control and monitoring by AG.
This website may contain links to websites of third parties which are provided to you for your convenience. All such websites are wholly independent from this website and from us and we have no control or power over such other websites including their content.
We make no endorsements, warranties or representations of any kind whatsoever regarding those other websites, including the products, software, materials, services, content or accuracy or appropriateness of content on such other websites. Your decision to access any such other websites shall be entirely at your own risk and discretion and your use of such other websites is subject to the terms and conditions governing such websites.
If you submit, upload or otherwise disclose or distribute information, data or other content of any kind to AG, then you hereby:
· grant and agree to grant to AG, its affiliates and their successors and assigns a perpetual, irrevocable, non-exclusive, royalty-free right and license (with right to sublicense) to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
· represent and warrant to AG that you own or otherwise control all rights to such content and that disclosure and use of such content by AG (including without limitation, publishing content on our website) will not infringe or violate the rights of any third party; and
· agree that such content will not be treated confidentially by AG.
Damage to Third Parties
You are solely responsible for any material you submit to this website. Nonetheless, you are strictly prohibited from interfering with other users’ use of this website and from introducing into or through this website any information and/or material which may be illegal or harmful to others. Without limiting the generality of the foregoing, you are strictly prohibited from transmitting any files which may contain viruses, or other contaminating or destructive properties, from including, knowingly or otherwise, any information and/or material which may constitute libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
By way of example and not limitation, you agree not to upload, post, submit, or otherwise distribute or facilitate any website data or take any other action, using any registration process, communications service, discussion forum, directory, survey, feedback, app, or other service that in any manner:
· is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms and Conditions;
· discovers or reveals any personal information about another individual, including another person’s personal data or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum;
· contains software viruses or any other codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of AG or any user or other third party;
· registers for or creates user accounts by any automated means or under false or misleading pretense, including by the use of a false, misleading or disguised email address;
· harvests, scrapes or collects any information from the website;
· uses any script, bot or other automated means that only simulates compliance with the Terms and Conditions or other requirement applicable to the website; or
· impersonates any person or entity, including any Individual or any employee or representative of AG or any of its business partners.
AG may, at its sole discretion, immediately suspend or terminate your access to the website should your conduct fail (or appear to fail) to strictly conform to any provision of this section.
Reserve of Rights
AG reserves all of its rights and recourses which are not expressly defined herein. Nothing contained in the Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any license or right to you under any copyright, patent, trademark or other intellectual right of AG or any other person or entity.
Errors, Inaccuracies or Omissions
We do not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.
This website is intended for users who reside within the United States. We make no representation that materials on this website are appropriate or available for use in any particular location. Those who choose to visit and use this website do so on their own initiative and are responsible for compliance with local laws.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the website or Terms and Conditions (including any policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and AG agree that any claim or cause of action arising out of or related to the website must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the website or Terms and Conditions shall be settled by binding arbitration in accordance with the JAMS commercial arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Boston, Massachusetts, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms and Conditions. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms and Conditions and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.
ANY ARBITRATION UNDER THE TERMS AND CONDITIONS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE TERMS AND CONDITIONS OR USING THE WEBSITE, YOU AND AG ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the website is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions, including without limitation, this section.
You agree to defend, indemnify and hold harmless AG, its limited partners, trustees, and portfolio companies, and its and their affiliates, officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the website. AG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AG in asserting any available defenses.
Survival of Obligations
The terms and conditions of use of this website shall apply while you are accessing the website and shall survive thereafter, notwithstanding the fact that access to this website may no longer be feasible.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions and access to the website are personal to you, and are not assignable, transferable or sublicensable by you except with AG’s prior written consent. AG may assign, transfer or delegate any of its rights or obligations hereunder without your consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created hereunder and neither party has any authority of any kind to bind the other in any respect. The failure of either you or AG to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. All notices hereunder will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. These Terms and Conditions may not otherwise be amended, as they apply to you, except by a written agreement executed by you and us.
If you have any questions regarding the Terms and Conditions or your dealings with the website, contact us at:
Altamira Guitars LLC
Attn: Sarita Shoulla, Terms and Conditions
1 Federal Street
Boston MA 02110