Red Nickel Records
Conditions of Use Agreement
Welcome to Red Nickel Records. Red Nickel Records provides its services to you subject to the following conditions. If you visit or shop at Red Nickel Records, you accept these conditions. Please read them carefully. This Agreement shall be treated as though it were executed and performed in New Braunfels, Texas, USA, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Texas (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New Braunfels, Texas, and purchasers of goods and services expressly submit to the jurisdiction of said courts and consent to extra-territorial service of process. This Agreement constitutes the entire and only agreement between the owner of the Site and a user of the Site and supersedes any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. Users agree to review this Agreement prior to purchasing any goods or services and purchase of a good or service shall be deemed acceptance of this Agreement. User represents and warrants that (i) the credit card information supplied is true, correct and complete, (ii) charges incurred by the User will be honored by the User's credit card company, and (iii) User shall pay charges incurred by User at the rates in effect at the time incurred, including all applicable taxes.
Please review Red Nickel Records's Privacy Notice, which also governs your visit to Red Nickel Records, to understand our practices.
When you visit Red Nickel Records or send e-mails to Red Nickel Records, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, magnetic translations, digital conversions, data compilations, and software, is the property of Red Nickel Records or its content suppliers and is protected by United States and international copyright laws, trademarks, and other proprietary (including but not limited to intellectual property) rights. The compilation of all content on this site is the exclusive property of Red Nickel Records, protected by U.S. and international copyright laws, all software used on this site is the property of Red Nickel Records or its software suppliers, protected by United States and international copyright laws and the copying, redistribution, use or publication by a User of any such content or any part of the software is prohibited. The content, organization, gathering, graphics, design, software, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a User of any such content or any part of the Service is prohibited. Red Nickel Records graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Red Nickel Records or its subsidiaries. Red Nickel Records's trademarks and trade dress may not be used in connection with any product or service that is not Red Nickel Records's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Red Nickel Records. All other trademarks not owned by Red Nickel Records or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Red Nickel Records or its subsidiaries.
This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by Red Nickel Records.
LICENSE AND SITE ACCESS
Red Nickel Records grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Red Nickel Records. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Red Nickel Records. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Red Nickel Records without express written consent. You may not use any meta tags or any other "hidden text" utilizing Red Nickel Records's name or trademarks without the express written consent of Red Nickel Records. Any unauthorized use terminates the permission or license granted by Red Nickel Records. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Red Nickel Records so long as the link does not portray Red Nickel Records, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Red Nickel Records logo or other proprietary graphic or trademark as part of the link without express written permission.
Red Nickel Records does sell products that can be used by and for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Red Nickel Records only with involvement of a parent or guardian. Red Nickel Records reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Red Nickel Records 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.
Red Nickel Records and its affiliates attempt to be as accurate as possible. However, Red Nickel Records does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Red Nickel Records itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Red Nickel Records on an "as is" and "as available" basis. Red Nickel Records makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Red Nickel Records disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Red Nickel Records does not warrant that this site, its servers, or e-mail sent from Red Nickel Records are free of viruses or other harmful components. Red Nickel Records will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The owner of this site and its affiliates, third party content or service providers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between owner and user. The information and the goods and services provided from this site would not be provided without such limitations. Some state statutes may apply regarding limitations of liability. The sole and entire maximum liability of owner and any of the providers of information, products, or services, for any reason, and the customer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the information, product or service purchased Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting Red Nickel Records, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Red Nickel Records or its affiliates. This Web site (excluding linked sites) is controlled by Red Nickel Records from its offices with the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Web site both you and Red Nickel Records agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web site. You and Red Nickel Records also agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Comal County and the United States District Court for the Southern District of Texas with respect to such matters. Red Nickel Records makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any dispute relating in any way to your visit to Red Nickel Records or to products you purchase through Red Nickel Records shall be submitted to confidential arbitration in New Braunfels, Texas, except that, to the extent you have in any manner violated or threatened to violate Red Nickel Records's intellectual property rights, Red Nickel Records may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, 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 arbitrator's 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. Any cause of action by the Customer must be instituted within three (3) months after purchase or be forever waived and barred.
CONDITIONS OF USE, NOTICES AND REVISIONS
If you choose to visit Red Nickel Records, your visit and any dispute over privacy is subject to this Agreement and our Privacy Notice, including limitations on damages, arbitration of disputes, and application of the law of the state of Texas. If you have any concern about privacy at Red Nickel Records, please send us a thorough description to email address not active yet, and we will try to resolve it. Our business changes constantly as does the Internet and the World Wide Web. This Agreement and the Privacy Notice will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing and Availability policy, posted on this site. These policies also govern your visit to Red Nickel Records. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Red Nickel Records
P. O. Box 310308
New Braunfels, Texas (USA) 78131-0308
New Braunfels, TX 78130