Terms of Use

TERMS OF SALE

 

The following sets forth the terms and conditions of sales (also known as the “Terms of Sale”) for purchases made via this Web site, which is operated by Amoeba Music Inc. (or “Amoeba”) and located at http://www.amoeba.com, and supersedes any previous statement of such policies. Throughout these Terms of Sale, the word “Site” is used to refer to this Web site. By making a purchase via the Site, you are consenting to these Terms of Sale. Amoeba may modify, alter or update its products offered for sale, its prices, fees, billing methods and/or these Terms of Sale at any time without prior notice, and your subsequent use of the Site to make purchases shall constitute your consent to the modification, alteration or update.

 

 

PERMITTED PURCHASERS

 

You must be 18 years of age or older in order to make purchases on this Site. By making a purchase on this Site, you represent and warrant to Amoeba that you are legally permitted to do so. Amoeba reserves the right in its sole discretion to prohibit any person from making a purchase via the Site.

 

 

PAYMENTS

 

By clicking the “Pay Now” button when making a purchase, you agree to pay Amoeba in full when due for the product(s) being purchased. Payment for purchases on this Site may be made by Visa, Mastercard or Discover Card credit cards. Amoeba will charge your indicated method of payment upon the transmission of digital content or the shipment of physical goods, but may request preauthorization of up to the total amount to be charged from the provider of the payment method prior to the actual charging of the total amount. Amounts to be charged may include but not be limited to the purchase price (less any applicable discounts, if any), shipping and handling charges, sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Amoeba, you agree that you will pay them when due.

 

Amoeba shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms of Sale, any payments made by you may be subject to the agreement between you and the provider of the payment method.

 

As between you and Amoeba, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

 

 

DISCLAIMERS AND OTHER PURCHASE-RELATED MATTERS

 

Other than as may be stated in the item description, AMOEBA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT FOR SALE ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Amoeba shall not be bound by any factual, typographical, pricing or technical errors with regard to an item’s description, availability or pricing, and may change the description and pricing of products at any time. The manufacturers and distributors of the products sold by Amoeba are solely responsible for the products, their quality, and any issues which may arise in connection with the products, and all questions regarding use and support for products should be directed to their manufacturers. To the extent that users’ reviews of products are posted on the Site, the content of such reviews are the sole responsibility of their authors, and Amoeba reserves the right in its sole discretion to edit or remove any review.

 

Amoeba may, in its sole discretion, cancel any order at any time prior to fulfillment without liability. You should also be aware that quantities of some products may be limited and inventories (if any) shown on the Site may not be current; Amoeba will not be liable for any shortfalls of products, even if the Site indicated the products were in stock at the time of order. Title and risk of loss for any physical product purchased by you shall pass to you when Amoeba delivers the goods to the common carrier it is using. Title and risk of loss for any digital product purchased by you shall pass to you at the time you initiate the download process.

 

All sales are final. However, in the event that a product you have purchased is defective, damaged or is the incorrect item, please contact us by email at buystuff@amoeba.com within thirty (30) days of your purchase. Please include your name and your order number along with your description of the product and the defect. Amoeba will look into the matter and we may contact you for further information (e.g., satisfactory ID and documentation of your purchase transaction) and/or we may ask you to return the unused item to us for inspection. If Amoeba determines that the product you purchased was defective, damaged or the incorrect item, we will be happy to replace it for the same item (subject to availability) or we may, in our sole discretion, issue a refund for the purchase price you paid. Please note that returns cannot be accepted unless you first contact Amoeba and after we issue a return authorization. Please note that all digital downloaded product is sold “as is”. However, if a technical problem caused by Amoeba results in a defective product or prevents delivery of the product you have purchased, Amoeba will, in its sole discretion, either make available to you a replacement digital download or refund the purchase price you paid for the product. In general, you should be aware that it may take approximately thirty (30) business days for a credit card refund to be processed and your financial institution will likely take approximately ten (10) business days to reflect a refund transaction to your account. If you have any questions about the products you purchased at Amoeba, or about any returns or refunds, please contact us at buystuff@amoeba.com.

 

 

DIGITAL CONTENT

 

Any digital content obtained by you from the Site is licensed to you and not owned by you, whether or not words such as “purchase,” “sale” or similar words are used to describe the content. The content you obtain via the Site is licensed to you for your personal, non-commercial use only, and may not be shared with any third party or resold without the written permission of the owner of the copyrights and other rights to the content, except as otherwise permitted by law. You should also read any specific license terms which may accompany the content, to determine the specific license rights and restrictions connected with the content. Amoeba will not be responsible for any technical issue or failure which may interfere with your receipt or use of any digital content transmitted to you by Amoeba.

 

 

INDEMNIFICATION

 

By making a purchase using this Site, you agree to indemnify and hold harmless Amoeba, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of such purchase.

 

 

GOVERNING LAW; FORUM

 

These Terms of Sale shall be governed by and interpreted in accordance with the internal laws of the State of California, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms of Sale and/or your use of the Site shall be the state and federal courts located in Los Angeles, California.

 

OFFICIAL SWEEPSTAKES RULES

 

On occasion Amoeba Music, Inc. (the “Sponsor”) will sponsor a Sweepstakes. The Sweepstakes is governed by these Official Rules, while each individual sweepstakes will prominently feature additional rules (including but not limited to run-period, entry locations, prizes, and Co-Sponsors, when applicable). By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited by law.

 

ELIGIBILITY:

This Sweepstakes is only open to legal residents of the United States and the District of Columbia who are at least eighteen (18) years old or older as of your date of entry.  Employees and agents of the Sponsor, and it's parent companies, affiliates, subsidiaries, and related companies and agencies (collectively, the “Promotion Parties”), and their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the household of same, whether or not related, are not eligible to enter or win. This Sweepstakes is void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. By entering, entrants agree that they have read these Official Rules and to abide by and be bound by all terms of these Official Rules.

 

EXCEPT FOR WHEN SPECIFIED, NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.   

 

The Sponsor database clock will be the official timekeeper for any Sweepstakes. There is a limit of one Entry per person. Subsequent entries submitted by the same entrant are void. By entering entrants agree to the terms set forth in these Official Rules.
 

Except for when otherwise specified, you may enter a Sweepstakes in one of the two (2) following ways during the Entry Period. 

(a)  Amoeba In-Store Entry:  You may enter by filling out the entry form at any of the Amoeba retail store locations and submitting such entry form in the contest entry box located in each store. 

(b)  Online Entry:  You may enter via the Internet by visiting the provided URL, following the entry instructions and clicking on the “submit” button (“Online Entry”). Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your email address (“Address”).  You must be the registered subscriber of the email account from which the entry is made.

“Entry” shall mean and refer to each In-Store Entry and Online Entry.


Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification.  Entries that have been generated by a script, macro, bot or any other automated means will be deemed void.  Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries.  Sponsor’s decisions are final on all matters relating to this Sweepstakes. If a dispute results as to the identity of an online entrant, it will be determined that the Entry was submitted by the authorized account holder of the email address from which the Entry is made.  For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address.

 

DRAWING AND NOTIFICATION:  

Grand prize winner will be chosen at random.  Each Winner will be notified within approximately one (3) days after the end of the Entry Period.   If the Sponsor or their designee are unable to contact potential Winner by e-mail or phone (using the contact information provided at the time of entry) and/or if the potential Winner fails to respond to notification within two (2) business days of issuance, the potential Winner will be disqualified and forfeit his or her right to a prize, and an alternate winner will be selected.  Limit one (1) prize per person per person/household for the Sweepstakes.

 

ADDITIONAL LIMITATIONS:
Prize will be awarded “as is.”  All prizes are non-transferable except by Sponsor. Prizes cannot be used in conjunction with any other promotion or offer. No substitution or cash equivalent of a prize is permitted; however, Sponsor reserves the right to substitute any prize with another of equal or greater value.  The Sponsor is not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or Official Rules, the selection and announcement of any winner, or the distribution of any prize.  Any attempt to damage the operation of the Sweepstakes is unlawful and subject to legal action by Sponsor or its agents. Sponsor reserves the right to terminate, withdraw or amend the Sweepstakes or disqualify any entry for any reason and without notice including, without limitation, if Sponsor suspects tampering has occurred or an aspect of unfairness exists in the Sweepstakes. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor will not replace any lost or stolen prize items.  All Federal, state, local or other taxes and any fees or costs associated with prizes are the sole responsibility of the Winner.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied.

 

The Sponsor and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, the “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online or e-mail systems, computer equipment, servers, providers, or software, including any injury or damage to participant's or any other person's computer relating to or resulting from participation or inability to participate in any offered Sweepstakes; inability to access the Website or any pages thereof; inability to download any material from the Website; inability to upload entry information; theft, tampering, destruction, or unauthorized access to, or alteration of entries; data processing that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website; or for any other errors or problems of any kind relating to or in connection with the Sweepstakes, whether computer, network, technical, printing, typographical, human or otherwise or any combination thereof, including, without limitation, any errors or problems which may occur in connection with the administration of the Sweepstakes, the processing or judging of entries, the announcement of the prizes or in any Sweepstakes-related materials. Proof of submitting an entry is not considered proof of delivery or receipt. Illegible, incomplete and entries that do not meet all of the stated requirements for entry in the Sweepstakes will be disqualified. All entries become the property of the Sponsor and will not be returned. False and/or deceptive entries or acts shall render entrants ineligible. Material(s) provided by Sponsor at Website are only to be used solely for the purposes of the Sweepstakes and cannot be used for any other purpose or use. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules.

 


INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS AND WINNERS AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SPONSOR AND/OR PROMOTION PARTIES AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON COPYRIGHT INFRINGEMENT, PUBLICITY/PRIVACY RIGHTS, DEFAMATION OR INVASION OF PRIVACY AND MERCHANDISE DELIVERY. THE SPONSOR AND/OR PROMOTION PARTIES AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.

 

REPRESENTATIONS AND WARRANTIES:

Each entrant represents and warrants that: 1) he/she is the original author and creator of the Entry and that the Entry complies with these Official Rules; 2) the Entry is original, has not been previously published and has not previously won any award or Sweepstakes; 3) the Entry does not and will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 4) that the Entry is not the subject of any actual or threatened litigation or claim; 5) the Entry is not obscene, offensive, libelous, pornographic, threatening, abusive, contain illegal content, or otherwise objectionable; 6) the Entry does not encourage a criminal offense or otherwise give rise to liability or violate any law; 7) the Entry does not display any logos or trademarks not owned by the Entrant; 8) the Entry does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor.  In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.  

 

PUBLICITY:
By submitting an entry form, each entrant grants Sponsor and those acting under its authority permission to use the entrant’s name, likeness, photo(s), entry specifics or comments for advertising and publicity purposes without compensation, except where prohibited by law.

 

PRIVACY POLICY/DATA COLLECTION:  

Information provided by you for this Sweepstakes is subject to Sponsor’s privacy policy located at: http://www.amoeba.com/policies/privacy.


GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the United States, the State of California. All suits or claims brought in connection with this Sweepstakes must be brought in a state or federal court in Los Angeles, California without giving effect to any choice of law or conflict of law rules or provisions.

 

GENERAL:
Any automated computer receipt (such as a “thanks for entering message”) does not constitute proof of actual receipt of an online entry by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to register with the Sweepstakes Website will be deemed to be the online entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

 

Releasees shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in any Sweepstakes or acceptance of or use or inability to use the prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

 

If a prize (or portion thereof) cannot be awarded due to circumstances beyond the control of the Sponsor, a substitute prize of comparable or greater retail value will be awarded at the discretion of the Sponsor. Releasees shall not be liable to Sweepstakes winners or any other person for failure to supply the prize or any part thereof, by reason of any “force majure,” any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.  If for any reason the Sweepstakes is not capable of running as planned or does not allow the proper playing of the Sweepstakes and processing of entries per these rules, or if tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her entry) implicated in such action, and/or to modify or terminate the Sweepstakes or further entry in the Sweepstakes, as Sponsor deems appropriate. If modification or termination of this Sweepstakes occurs, notification will be posted on the Website and Sponsor may, at its discretion, select potential Sweepstakes winners from among all eligible, non-suspect entries received up to time of action. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of registration will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Entrant waives any right with respect to injunctive or other equitable relief in connection with this Sweepstakes.

 

All Amoeba Music, Inc. Sweepstakes shall be governed by the laws of state of California in the United States of America and is subject to all applicable federal, state and local laws. Void where prohibited by law.

On occasion Amoeba Music, Inc. (the “Sponsor”) will sponsor a Sweepstakes. The Sweepstakes is governed by these Official Rules, while each individual sweepstakes will prominently feature additional rules (including but not limited to run-period, entry locations, prizes, and Co-Sponsors, when applicable). By participating in the Sweepstakes, each entrant agrees to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited by law.

 

THANK YOU

 

Thank you for shopping with us. We appreciate your business.