ZandBMusic.com ("the Website") is owned and operated by Z & B Records, L.L.C., an independent record label and production company ( "Z&B Records", "We", "Our", "Us"). You, as a user of the Website ("you/your"), here by agree to to the following terms:
By accessing the Website, you agree to and are bound by the terms and conditions appearing in this document ("the Agreement") and you accept our Privacy Policy.
Any personal data you transmit to us, by electronic mail or otherwise, will be used by us in accordance with our Privacy Policy.
We may alter this Agreement at any time and your use of the whole or any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then we insist that you stop using the Website.
We reserve the right to modify or withdraw, temporarily or permanently, the whole or any part of the Website with or without notice to you and you confirm that Z&B Records shall not be liable to you or any third party for any modification to or withdrawal of the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension, or withdrawal of all or part of the Website.
You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in any way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to Z&B Records.
You agree to be fully responsible for (and fully indemnify Z&B Records against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by Z&B Records and arising out of any breach of this Agreement by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
Z&B Records is not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Z&B Records has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of this Agreement or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Z&B Records or our licensors. You are permitted to use this material only as expressly authorized by Z&B Records.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Agreement. All rights reserved.
Z&B Records is not responsible for any injury, loss, claim, damage, or any direct, incidental, or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Z&B Records will not be liable in contract, tort, or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Agreement, nothing shall limit your rights as a consumer under the laws of the State of Louisiana and the United States where or insofar as such rights cannot be derogated from by contract.
If any part of the Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not effect the validity and enforceability of any of the remaining provisions of the Agreement.
The Agreement and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between Z&B Records and you, the user, relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Z&B Records in relation to such matters. No oral explanation or oral information given by either Z&B Records or you shall alter the interpretation of the Agreement. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Agreement.
This Agreement will be exclusively governed by and construed in accordance with the laws of the United States and the State of Louisiana whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Your use of the Downloads from the Website is conditional upon your prior acceptance of all Conditions referred to herein.
All sales are final.
If a credit card or debit card is being used for a purchase, we will obtain pre approval from the credit or debit card company for the amount of the order and billing to your card occurs at the time of purchase. Please note: Credit and debit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.
The price for a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.
We reserve the right to change options relating to music downloadable from the Website without prior notice.
For assistance with billing questions or other order inquiries please contact us. You shall be authorized, to the extent permitted by law, to use, burn and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense. Any burning or exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.