The following forms a legal agreement between you and Melodica Sound Ltd. (hereinafter "Melodica Sound"). By using this site you acknowledge 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 the state of Washington, without regard to conflict of laws rules, and Washington will be the sole jurisdiction and venue for any litigation arising from the use of or orders made on the site (please refer to the “Disputes” section below for additional details).
The following terminology applies to these Terms and Conditions, related Privacy Statement, and any or all Agreements: “Client,” “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We” and “Us” refers to our Company. “Party,” “Parties,” or “Us”, refers to both the Client and our company. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Washington law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Melodica Sound is pleased to offer this website and our services for the benefit of our customers and the general public. Your choice to visit our website or to take advantage of its features does not create an agency relationship between you and Melodica Sound. 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 Melodica Sound provides instructions regarding 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.
Use Restrictions The copyright in all material provided on this site is held by Melodica Sound. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Melodica Sound or our content suppliers, and is protected by international copyright laws. 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, facsimile, photocopying, recording, or otherwise without the prior written permission of Melodica Sound. 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 Melodica Sound. Upon termination you must immediately destroy any downloaded and printed materials. You also cannot "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.
THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MELODICA SOUND 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. MELODICA SOUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MELODICA SOUND 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 MELODICA SOUND OR AN MELODICA SOUND 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.
In the event a product is listed at an incorrect price because of a typographical error, entry error or error inpricing information received from our suppliers, Melodica Sound 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, Melodica Sound will immediately issue a credit to your credit card account or other payment type in the amount of the incorrect price.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. Although Melodica Sound makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Melodica Sound makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
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. Melodica Sound reserves the right at any time after receipt of your order to accept or decline your order for any reason. Melodica Sound 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 Melodica Sound.
All items purchased from Melodica Sound are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Melodica Sound withholds applicable sales tax for orders to be delivered to addresses within Washington State. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.
Melodica Sound 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. Melodica Sound sells products intended for purchase by adults. If you make a purchase from Melodica Sound, you represent 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 the Melodica Sound website.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 13, you may use our website only with involvement of a parent or guardian. Melodica Sound and our associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Any dispute relating in any way to your visit to Melodica Sound or to products you purchase through Melodica Sound shall be submitted to confidential arbitration in the State of Washington, United States of America, except that, to the extent you have in any manner violated or threatened to violate Melodica Sound’s intellectual property rights, Melodica Sound may seek injunctive or other appropriate relief in any state or federal court in the state of the State of Washington, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.