Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of 888 DIGITAL. If you do not agree to any term or condition, you should not use this site.
I. RESTRICTIONS ON USE
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach:
- Collecting information about the Website or users of the Website without our written consent.
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof.
- Accessing or using the site for commercial or competitive purposes.
- Disguising the origin of information transmitted to, from, or through the Website.
- Impersonating another person.
- Distributing viruses or other harmful computer code.
- Allowing any other person or entity to impersonate you to access or use the Website.
- Using the Website for any purpose in violation of local, state, national and international laws.
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
II. THIRD PARTY SITES
888 Digital may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. 888 Digital does not operate or control in any respect any information, products or services available on these third party sites and 888 Digital is not responsible for their content. 888 DIGITAL makes no representations whatsoever concerning the content of these sites and the fact that 888 DIGITAL has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by 888 DIGITAL with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
There are certain risks in using any information, software, or products found on the Internet, and 888 DIGITAL cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, 888 DIGITAL DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH 888 DIGITAL ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 888 DIGITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IV. LIMITATION OF LIABILITY
888 DIGITAL is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall 888 DIGITAL be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the 888 DIGITAL Web Site.
Notwithstanding the above, in no event shall 888 DIGITAL's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to 888 DIGITAL by you in connection with the transaction claimed by you to give rise to your claim.
V. COMMUNICATIONS AND SUBMISSIONS
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. 888 DIGITAL hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
By transmitting or posting any Submissions to 888 DIGITAL or to this Web site you grant 888 DIGITAL and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant 888 DIGITAL and its affiliates and sub licensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify 888 DIGITAL or its affiliates for all claims resulting from content you supply. You agree that neither 888 DIGITAL nor its licensees will be liable to you for any use of any Submission. 888 DIGITAL has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any Submissions you submit to 888 DIGITAL or this Web site and further agree that you, not 888 DIGITAL, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
VI. JURISDICTION AND CHOICE-OF-LAW
888 DIGITAL operates this Web Site from its offices located in Linden, NJ, in the United States of America. 888 DIGITAL makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of New Jersey. Any legal action regarding this agreement or this Web Site shall be brought only in either the State or Federal Courts located within the State of New Jersey and by using this site you consent to personal jurisdiction within these courts.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to firstname.lastname@example.org.
888 DIGITAL or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. 888 DIGITAL may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
This agreement constitutes the entire Agreement between you and 888 DIGITAL and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of 888 DIGITAL.
X. INTERNATIONAL SHIPPING
Some manufacturers including Sony and Yamaha restrict us from selling some of their products outside the United States.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.
One or more patents may apply to this web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
XII. EXPORT DISCLAIMER
Items we sell are subject to U.S. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations, and may require a license or other authorization from the U.S. Government to be exported from the United States. Without limitation, parties purchasing from 888 DIGITAL are solely responsible for determining applicable export licensing requirements and for obtaining any licenses or other authorizations from the appropriate agencies of the U.S. Government that are necessary for exporting items from the United States, such as the U.S. Department of Commerce or the U.S. Department of State.
XIII. Canadian Customers Shipping via Purolator
Canadian Customers shipping via Purolator are required to agree to the following statement:
By ordering goods from 888 DIGITAL, I hereby authorize a licensed Canadian customs broker chosen by 888 DIGITAL to act as my agent, and to transact business with Canada Border Services Agency (CBSA) to clear my merchandise, account for applicable duties and taxes, to return merchandise to 888 DIGITAL and prepare and submit refund claims on my behalf for any merchandise that I return. I understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that I will obtain the refund directly from 888 DIGITAL. In this connection, I also authorize the customs broker to endorse any refund check issued by CBSA in my name, so that 888 DIGITAL can be reimbursed.