|
|
 |
Thank you for visiting smasheasy.com. Please come back again to check out our new releases, sample
downloads, and podcast.
By visiting the smasheasy® website, you (a.k.a "user") accept these terms of service and privacy
policy:
Use of the Site
You may use the website in all responsible, legal, and considerate ways. We do not tolerate illegal
uses (such as posting copyright infringing materials or music on message boards, or other sites
, "spamming", etc.) or conduct that may interfere with other users' enjoyment.
Copyrights and Trademark
Tourmaline Media owns or licenses this website, all its elements, and all rights (including without
limitation copyright, trademark, trade secret, patent and other proprietary rights).
"smasheasy®" and other marks and logos appearing on the Website are registered and/or owned by
Tourmaline Media and are claimed by Tourmaline Media throughout the world. Permission is required
to copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce,
create derivative works from, post, publicly display, frame, link, or in any other way exploit any of
the content on the website, in whole or in part.
Billing and Refunds
smasheasy® will ship your order within seven days of receipt, by standard U.S. Mail.
If the item you ordered is damaged, we will replace or refund your purchase and pay the additional
cost of shipping by USPS standard mail. Once opened, cds cannot be returned. If your purchase is not
damaged but you wish to return or exchange it, you must cover the shipping costs to return it and
we'll refund the cost of your purchase, or send an exchange if available.
These terms apply only to items purchased directly through smasheasy.com and not purchases made
on our affiliates', sponsors' or advertisers' sites.
Liability
smasheasy® does its best to ensure the information and services we provide on this site are useful
and accurate.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR RISK.
TOURMALINE MEDIA, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR
AFFILIATES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES INCURRED IN
CONNECTION WITH USING THE SITE INCLUDING DIRECT OR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. ALSO INCLUDING
WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR
OTHER PECUNIARY LOSS, EVEN IF TOURMALINE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSS.
Your only remedy for any breach of this agreement by Tourmaline Media/smasheasy is a refund of
any money paid to use the website. We are not responsible for, and shall have no liability with
respect to, the content of third party websites that are linked to or from the site. Some states,
however, do not allow the exclusion or limitation of liability to the extent outlined above, so this
provision may not apply to every user as written.
Warranties
You warrant, represent and covenant that:
(a) You will use the website only as authorized in these terms and
(b) You will not violate any laws or take any action related to the site that would create liability for
Tourmaline Media. You indemnify and hold harmless, and at Tourmaline Media's request will defend
Tourmaline Media / smasheasy®, its directors, officers, shareholders, employees, agents, affiliates
and owners (each, an "Indemnified Party") from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising
out of any claim of any third party resulting from any breach on your part of the terms set forth in
this agreement. You will reimburse each indemnified party on demand for any costs, expenses and
liabilities incurred to which this indemnity relates.
Disclaimer
EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE WEBSITE AND ALL ITS CONTENT IS
PROVIDED "AS IS" AND TOURMALINE MEDIA DISCLAIMS, AND USER WAIVES, ANY WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR
REPRESENTATION RELATED TO THE WEBSITE. THE FUNCTIONS, MATERIALS AND CONTENT OF THE
WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. USER ASSUMES THE
ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO USER'S HARDWARE OR SOFTWARE DUE
TO THE USE OF THE WEBSITE.
Without limiting the foregoing, Tourmaline Media(without investigation or other inquiry) has no
knowledge that the content of the Website infringes any third party copyrights.
This disclaimer of warranty may not apply to all users.
This agreement shall be governed by the law of the State of Maine, U.S.A., and applicable to
contracts entered into and performed within the State. Any dispute under this Agreement must be
brought in the courts having jurisdiction in Portland, Maine. The parties agree that this is the entire
agreement between them, and no other agreement, oral, implied or written, shall have any force
or effect. This agreement is a licensing agreement, and in no way creates any other relationship
between the parties. If any court holds a term of this agreement to be invalid, it shall be construed
in such a way to give it the maximum allowable effect and validity, and all the remaining terms of this
agreement shall be given full force and effect. Failure to enforce a term of this agreement shall not
be deemed a subsequent waiver of that term or other terms.
Tourmaline Media reserves the right to discontinue, delete and change the content available on the
website. The website and its software may be "Restricted Computer Software" under the laws of
the United States and/or other countries, and therefore you agree not to use, distribute or disclose
the website in violation of any such laws (including without limitation rights restricted to the United
States Government, and export limitations).
|
|
|
Privacy Policy
Tourmaline Media is committed to maintaining the privacy of its users' information, and to protecting
the integrity of smasheasy.com. We provide you with all of the information available to us about
the uses of your personal information from the website; however, you should be aware that
Tourmaline Media takes no responsibility for the practices of third party advertisers, sponsors, or
other entities providing content, links or information on the site. You should check with each of such
third parties for information about their privacy policies before providing them with your personal
information.
What we do (and don't do) with the Information you provide us
Information from you: Tourmaline Media receives information from you at various times, including
when you buy something at smasheasy.com.
Email lists: Tourmailne Media will keep email addresses from those users who have asked us to keep
them posted on our activities so we can send you email updates.
Tracking Information: We also track visitors to the website, by among other things, gathering
personal information such as your place of residence, your activities on the site, and other information
about your use of our services. We may gather this information from data such as your IP address,
or by the use tracking software or "cookies" that will be downloaded to your computer which you can
delete to prevent tracking, depending upon your operating system and browser functions.
What we do with this information
Tourmaline Media is committed to keeping your personal info secure.
Email lists: We will maintain your email address on our email lists unless you ask us to delete it. We
will not sell your email address to third parties.
Purchases: You will have to provide credit card information in order to make a purchase from our
website. We use PayPal services for your credit card purchases. In order to make a puchase through
PayPal you must create a PayPal member account. PayPal has its own policies about privacy and use,
and you should read them carefully before making a purchase. Tourmaline Media shall not be liable
for any breaches or violations of your privacy rights by PayPal. If you have a problem with an order
you have placed through PayPal, please email us.
Tracking information: Tourmaline Media may, on occasion, use information about you and your
preferences for our own marketing and promotional purposes for instance, to give our sponsors
information about visitors to our site and what they do when they're here. Tourmaline Media uses
WebTrends Live to analyze traffic to this web site. WebTrends Live does not create individual
profiles for visitors. Unlike some tracking services WebTrends Live does not have a database of
individual profiles for each visitor. WebTrends Live only collects aggregate data.
Minors: We will not knowingly collect information from anyone under 13 years of age, or under 18
years of age for purchases. If you're under 13, before we collect any info, we'll need parental
consent.
|
Email: tourmaline@smasheasy.com
Tourmaline Media, 894 Mayville Road, Bethel, ME 04217-4605
Or Call: 207-824-3246, 9 - 5 Eastern Time
|
|
|
|
