ACCESS AND USE OF WEBSITES, APPLICATIONS, MOBILE APPS AND SERVICES
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from Risko Music, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
- hack into Risko Music or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with Risko Music;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of Risko Music;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of Risko Music without the express permission of Risko Music.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Risko Music and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Risko Music reserves the right, in its sole discretion, to change, delete, update_attributess, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Risko Music in any way except to the extent that it is specifically indicated to be so. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT Risko Music IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Risko Music, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network.
CONTENT YOU PROVIDE (USER-GENERATED CONTENT)
By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Risko Music, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Risko Music or a third party to post User Generated Content to any public area of the Network, you grant Risko Music all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Risko Music to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Risko Music, and Risko Music makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Risko Music reserves the right to remove any User Generated Content from the Network at any time and for any reason.
LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT
You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Risko Music. Use of any of Risko Music trademarks as metatags on other Networks is also strictly prohibited.
UNAUTHORIZED USE OF THE NETWORK
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.
LINKING TO THE NETWORK
Risko Music reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Risko Music' sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.
TERMS OF SALE: PRICES
By placing an order with Risko Music, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Risko Music' acceptance of an order. We retain the right to refuse any request made by you.
Prior to Risko Music' acceptance of an order, verification of information may be required. Risko Music reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Risko Music, for any reason whatsoever. Risko Music reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Risko Music shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Risko Music shall credit your account in the amount of the incorrect price.
Risko Music reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.
Please see our Customer Care page and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Risko Music reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Risko Music as necessary (please see our Shipping and Ordering & Payment webpage and all related webpages for further information).
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. Risko Music ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH Risko Music, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Risko Music, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Risko Music OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY Risko Music OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF Risko Music, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY Risko Music ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, Risko Music MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. Risko Music MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON Risko Music OR LINKED TO FROM Risko Music. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF Risko MusicK, AND ALL OTHER USE OF Risko Music, 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 THEREFROM.
MODIFICATION/TERMINATION OF Risko Music
GENERAL LEGAL PROVISIONS
OFFERS, PROMOTIONS, AND CUSTOMER CREDITS
Risko Music may from time to time and in its sole discretion make available special offers to its customers and promotional codes that provide an opportunity for customers to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Risko Music). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Risko Music; (iii) may be disabled by Risko Music at any time for any reason without liability to Risko Music; (iv) may only be used pursuant to the specific terms that Risko Music establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met. Risko Music reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Risko Music determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Everyday Value products are not eligible for coupons and cannot be combined with sales or promotions.
Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits. Customers who return or cancel their items may have credits voided and may not be eligible for future reviews or photo submissions credits.
Risko Music reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Risko Music reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Risko Music. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Risko Music terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Risko Music and such determination is final.
© Risko Music LLC 2017, all rights reserved.
All materials on Risko Music (as well as the organization and layout of Risko Music) are owned and copyrighted or licensed by Risko Music, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Risko Music is permitted without the written permission of Risko Music. Any rights not expressly granted herein are reserved by Risko Music.
Risko Music' policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owners legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on or through our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
Pursuant to Title 17, United States Code, Section 512 (the Digital Millennium Copyright Act), notifications of claimed copyright infringement should be sent to Risko Music’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Risko Music, LLC
Attn: Legal Department
144 Croton Ave
Ossining, NY 10562
Risko Music, and all related names, logos, product and service names, designs and slogans are trademarks of Risko Music or its affiliates or licensors. Such marks cannot be used without the prior written permission of Risko Music. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
March 24, 2020