incidentalmusics.ca and its associates provide their services
to you subject to the following conditions. If you visit or shop within this website,
you accept these conditions. Please read them carefully.
OWNERSHIP
incidentalmusics.ca is owned and operated by Incidental Musics Ltd. , located in the city of Whitehorse, Yukon Territory, Canada.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit incidentalmusics.ca or send e-mails to us, 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, data compilations and software, is the property of incidentalmusics.ca or its content suppliers and protected by international copyright laws.
The compilation of all content on this site is the exclusive property of incidentalmusics.ca and it’s affiliates,
with copyright authorship for this collection by incidentalmusics.ca and it’s affiliates, and protected by
international copyright laws.
TRADEMARKS
incidentalmusics.ca’s trademarks and trade dress may not be used in connection with any
product or service that is not incidentalmusics.ca’s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
incidentalmusics.ca. All other trademarks not owned by incidentalmusics.ca 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 incidentalmusics.ca or its subsidiaries.
LICENSE AND SITE ACCESS
incidentalmusics.ca 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 incidentalmusics.ca. 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 incidentalmusics.ca. 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 incidentalmusics.ca and our
associates without express written consent. You may not use any meta tags or any
other “hidden text” utilizing incidentalmusics.ca’s name or trademarks without the express
written consent of incidentalmusics.ca. Any unauthorized use terminates the permission or
license granted by incidentalmusics.ca. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of incidentalmusics.ca so long as
the link does not portray incidentalmusics.ca, its associates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may not use any
incidentalmusics.ca logo or other proprietary graphic or trademark as part of the link
without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. If
you are under 18, you may use our website only with involvement of a parent or
guardian. incidentalmusics.ca and its associates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole discretion.
EMAILS, AND OTHER CONTENT
You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a card or other content. incidentalmusics.ca reserves the right
(but not the obligation) to remove or edit such content, but does not regularly review
posted content. If you do post content or submit material, and unless we indicate
otherwise, you grant incidentalmusics.ca and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such content
throughout the world in any media. You grant incidentalmusics.ca and its associates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post: that the content is accurate: that use of
the content you supply does not violate this policy and will not cause injury to any
person or entity: and that you will indemnify incidentalmusics.ca or its associates for all
claims resulting from content you supply. incidentalmusics.ca has the right but not the
obligation to monitor and edit or remove any activity or content. incidentalmusics.ca takes
no responsibility and assumes no liability for any content posted by you or any third
party.
PRODUCT DESCRIPTIONS
incidentalmusics.ca and its associates attempt to be as accurate as possible. However,
incidentalmusics.ca 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
incidentalmusics.ca 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 incidentalmusics.ca ON AN “AS IS” AND “AS AVAILABLE” BASIS. incidentalmusics.ca 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,
incidentalmusics.ca DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. incidentalmusics.ca DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM incidentalmusics.ca ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. incidentalmusics.ca 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.
CERTAIN 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.
APPLICABLE LAW
By visiting incidentalmusics.ca, you agree that the laws of the Country of Canada,
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
incidentalmusics.ca or its associates.
DISPUTES
Any dispute relating in any way to your visit to incidentalmusics.ca or to products you
purchase through incidentalmusics.ca shall be submitted to confidential arbitration in
Country of Canada, except that, to the extent you have in any manner
violated or threatened to violate incidentalmusics.ca’s intellectual property rights,
incidentalmusics.ca may seek injunctive or other appropriate relief in any provincial or federal
court in the Country of Canada, and you consent to exclusive
jurisdiction and venue in such courts.
The arbitrators 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to incidentalmusics.ca 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.