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TERMS AND CONDITIONS
This World Wide Web Site (the site) is operated by Smart Imports Ltd.
(" SMART IMPORTS").
Access to and use of this site are subject to the following Terms and Conditions and all applicable laws. By viewing this site, you agree to its terms; if you do not agree to its terms, do not view this site.
SMART IMPORTS may at any time change these terms and conditions and you should therefore periodically visit this page to review the then current terms to which you are bound.
You may browse this site for personal entertainment and information. However, please do not reproduce, copy, distribute, modify, transmit, republish, or revise the contents of this site without written permission of SMART IMPORTS. Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of SMART IMPORTS or its affiliated companies.
SMART IMPORTS makes no warranties or representations about the accuracy or completeness of the content of this site or any site(s) "hot-linked" to this site. Any claims made on this site relate solely to the products or services sold or provided by SMART IMPORTS. Neither SMART IMPORTS nor any of its affiliates shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of: (a) the ability (or inability) to access this site, (b) the use (or inability to use) any content of this site, (c) or the content of any site(s) "hot-linked" to this site. In addition, SMART IMPORTS does not warrant that this site or the server that makes it available are free of viruses or other harmful components. You (and not SMART IMPORTS) assume the entire cost of all necessary servicing, repair, or correction.
Any communication or material you post or transmit to this site over the Internet is, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of SMART IMPORTS. By transmitting or posting any communication or material to this site you agree that SMART IMPORTS or any of its affiliates may use your communication and/or material for any purpose, including reproduction, transmission, publication, broadcast and posting. SMART IMPORTS is under no obligation to respond to messages posted to this site, nor need SMART IMPORTS provide any compensation for any such communication and/or material. Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, indecent, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation.
SMART IMPORTS only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, SMART IMPORTS does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of New Zealand, without regard to conflict of laws provisions. By accessing and using this site, you consent to the jurisdiction of the courts of Colorado as well as legal proceedings in those courts.
By using and/or accessing this Website, you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever. This agreement applies to all visitors, customers, and members.
I. SMART IMPORTS AND INTELLECTUAL PROPERTY
SMART IMPORTS holds intellectual property rights to the various elements of its web site, particularly:
This World Wide Web Site (the site) is operated by Smart Imports Ltd.
(" SMART IMPORTS").
Access to and use of this site are subject to the following Terms and Conditions and all applicable laws. By viewing this site, you agree to its terms; if you do not agree to its terms, do not view this site.
SMART IMPORTS may at any time change these terms and conditions and you should therefore periodically visit this page to review the then current terms to which you are bound.
You may browse this site for personal entertainment and information. However, please do not reproduce, copy, distribute, modify, transmit, republish, or revise the contents of this site without written permission of SMART IMPORTS. Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of SMART IMPORTS or its affiliated companies.
SMART IMPORTS makes no warranties or representations about the accuracy or completeness of the content of this site or any site(s) "hot-
These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of New Zealand, without regard to conflict of laws provisions. By accessing and using this site, you consent to the jurisdiction of the courts of Colorado as well as legal proceedings in those courts.
By using and/or accessing this Website, you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website and/or Service in any manner or form, whatsoever. This agreement applies to all visitors, customers, and members.
I. SMART IMPORTS AND INTELLECTUAL PROPERTY
SMART IMPORTS holds intellectual property rights to the various elements of its web site, particularly:
all musical works marketed on the site, with the exception of those which are the intellectual property of composers who have contributed to the site. Where such works appear, we have received authorizations from the holders of the intellectually copyrights for their fair use.
the graphic charter of the site.
all editorial content broadcast on or from the site with the exception of those who have contributed to the site.
the internationally registered verbal and graphic SMART IMPORTS and Piano Wizard trademarks.
You are reminded that, unless otherwise indicated, access to this web sites do not grant you any intellectual property rights to the elements of the sites. You agree to obey and enforce all intellectual property rights relative to all elements of this site, particularly the musical works marketed on the site.
SMART IMPORTS pledges to obey and enforce the recognized rights of all those who hold rights to the musical works marketed on its site.
SMART IMPORTS and/or Cybermidi.com has signed agreements with those who hold rights to the musical works marketed on its site. Despite these efforts, if you believe you hold rights to a work used illegally on the SMART IMPORTS site, contact us via email or write to:
SMART IMPORTS pledges to obey and enforce the recognized rights of all those who hold rights to the musical works marketed on its site.
SMART IMPORTS and/or Cybermidi.com has signed agreements with those who hold rights to the musical works marketed on its site. Despite these efforts, if you believe you hold rights to a work used illegally on the SMART IMPORTS site, contact us via email or write to:
SMART IMPORTS, Inc.
37 Aldred Road
Remuera
AUCKLAND 1050
Phone: (0800) 4 PIANO
E-mail: info@pianowizard.co.nz
37 Aldred Road
Remuera
AUCKLAND 1050
Phone: (0800) 4 PIANO
E-
For a faster response, your letter must:
list the title of the work or works you believe are being used illegally
identify the specific activity of SMART IMPORTS that is grounds for violation
include any proof that you hold rights to the work in question
indicate your address so that we can reply as soon as possible
should your complaint prove justified, SMART IMPORTS pledges to resolve the situation as soon as possible. If you are unsure what all the terms and conditions actually mean, you may request further copyright information by contacting us.
II. SECURITY
SMART IMPORTS pledges to abide by certain principles regarding the personal data that you provide to us. For more information, please refer to our privacy statement. Bank information provided on and via the site for the purpose of electronic payment is confidential. SMART IMPORTS pledges to use the necessary and adequate means to prevent any intrusion and fraudulent use by third parties, particularly hacking, cracking, and bombing. Despite these efforts, SMART IMPORTS cannot guarantee your full security in terms of maintaining the confidentiality of your personal data.
III. CHANGES
SMART IMPORTS is free to make any change or correction to its site at any time. SMART IMPORTS reserves the right to momentarily suspend its service for maintenance.
IV. SMART IMPORTS's LIABILITY
SMART IMPORTS pledges to obey the essential rules of Netiquette. You pledge to respect these rules when you use the SMART IMPORTS site. Any information broadcast on the site is the full responsibility of its authors, not of SMART IMPORTS. In particular, SMART IMPORTS is not responsible for any errors and omissions that may appear on its site; more generally, SMART IMPORTS shall not be held liable for any type of damage, whether direct or indirect, material, moral, or financial, relative to the elements of the site. These conditions of use are governed, interpreted and applied in line with the law of New Zealand, without prejudice to each country's own rules relating to the conflict of laws and jurisdiction. Any litigation related to the validity, interpretation, execution and/or the termination of these conditions of use and the consequences of this termination, is at the competence of the Tribunals of New Zealand
V. GUARANTEE / WARRANTY
The Customer agrees to provide SMART IMPORTS with correct and pertinent information regarding his identity, address, and bank data, the country in which he is requesting to obtain the Files, and any other related information. Should the Customer fail to fulfil this obligation, SMART IMPORTS reserves the right to terminate the agreement binding it to the Customer. Should this occur, SMART IMPORTS agrees to inform the Customer of termination by e-mail as soon as possible. SMART IMPORTS guarantees to the Customer that the MIDI Files shall comply with the terms of the Order. If the Files do not comply, SMART IMPORTS agrees to remedy the problem with the delivery of File downloads that comply with the Order.
The 30 day money back guarantee requires that the customer returns the product in saleable condition to obtain a refund less any shipping and handling. The software must be uninstalled from the customer’s computer/s and all copies of licence codes and software destroyed. Failure to meet these terms will void the 30 day money back guarantee.
VI. OTHER RESTRICTIONS
The Website and/or Service is available only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website and/or Service is not intended for use by individuals under the age of 18. If you are under the age of 18, you do not have authorization to use the Website and/or Service without permission from a parent or legal guardian. You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than New Zealand. You agree to abide by the applicable New Zealand export control laws and any other applicable laws, rules and/or regulations with respect to the Service and Download Titles.
VII. LIMITATIONS OF LIABILITY
IN NO CASE SHALL SMART IMPORTS BE HELD LIABLE FOR ANY INDIRECT DAMAGE OR LOSS OF INCOME OR PROFIT CAUSED BY IT. UNDER NO CIRCUMSTANCES SHALL SMART IMPORTS'S LIABILITY EXCEED THE AMOUNT OF THE ORDER PLACED BY THE CUSTOMER WITH SMART IMPORTS IN EXCHANGE FOR THE ORDER. SMART IMPORTS DOES NOT PROVIDE THE SOFTWARE NECESSARY TO USE THE FILES. SMART IMPORTS IS IN NO WAY LIABLE TO THE CUSTOMER FOR ERRORS IN THE INFORMATION RELATIVE TO THE WORKS WHICH APPEAR IN THE FILES. IN NO CASE SHALL THE LIABILITY OF SMART IMPORTS EXCEED THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER. SMART IMPORTS NOTES THAT SOME LEGISLATION MAY CONSIDER THE AFOREMENTIONED LIMITATIONS OF LIABILITY INEFFECTIVE AGAINST CUSTOMERS.
SMART IMPORTS pledges to abide by certain principles regarding the personal data that you provide to us. For more information, please refer to our privacy statement. Bank information provided on and via the site for the purpose of electronic payment is confidential. SMART IMPORTS pledges to use the necessary and adequate means to prevent any intrusion and fraudulent use by third parties, particularly hacking, cracking, and bombing. Despite these efforts, SMART IMPORTS cannot guarantee your full security in terms of maintaining the confidentiality of your personal data.
III. CHANGES
SMART IMPORTS is free to make any change or correction to its site at any time. SMART IMPORTS reserves the right to momentarily suspend its service for maintenance.
IV. SMART IMPORTS's LIABILITY
SMART IMPORTS pledges to obey the essential rules of Netiquette. You pledge to respect these rules when you use the SMART IMPORTS site. Any information broadcast on the site is the full responsibility of its authors, not of SMART IMPORTS. In particular, SMART IMPORTS is not responsible for any errors and omissions that may appear on its site; more generally, SMART IMPORTS shall not be held liable for any type of damage, whether direct or indirect, material, moral, or financial, relative to the elements of the site. These conditions of use are governed, interpreted and applied in line with the law of New Zealand, without prejudice to each country's own rules relating to the conflict of laws and jurisdiction. Any litigation related to the validity, interpretation, execution and/or the termination of these conditions of use and the consequences of this termination, is at the competence of the Tribunals of New Zealand
V. GUARANTEE / WARRANTY
The Customer agrees to provide SMART IMPORTS with correct and pertinent information regarding his identity, address, and bank data, the country in which he is requesting to obtain the Files, and any other related information. Should the Customer fail to fulfil this obligation, SMART IMPORTS reserves the right to terminate the agreement binding it to the Customer. Should this occur, SMART IMPORTS agrees to inform the Customer of termination by e-
VI. OTHER RESTRICTIONS
The Website and/or Service is available only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Website and/or Service is not intended for use by individuals under the age of 18. If you are under the age of 18, you do not have authorization to use the Website and/or Service without permission from a parent or legal guardian. You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than New Zealand. You agree to abide by the applicable New Zealand export control laws and any other applicable laws, rules and/or regulations with respect to the Service and Download Titles.
VII. LIMITATIONS OF LIABILITY
IN NO CASE SHALL SMART IMPORTS BE HELD LIABLE FOR ANY INDIRECT DAMAGE OR LOSS OF INCOME OR PROFIT CAUSED BY IT. UNDER NO CIRCUMSTANCES SHALL SMART IMPORTS'S LIABILITY EXCEED THE AMOUNT OF THE ORDER PLACED BY THE CUSTOMER WITH SMART IMPORTS IN EXCHANGE FOR THE ORDER. SMART IMPORTS DOES NOT PROVIDE THE SOFTWARE NECESSARY TO USE THE FILES. SMART IMPORTS IS IN NO WAY LIABLE TO THE CUSTOMER FOR ERRORS IN THE INFORMATION RELATIVE TO THE WORKS WHICH APPEAR IN THE FILES. IN NO CASE SHALL THE LIABILITY OF SMART IMPORTS EXCEED THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER. SMART IMPORTS NOTES THAT SOME LEGISLATION MAY CONSIDER THE AFOREMENTIONED LIMITATIONS OF LIABILITY INEFFECTIVE AGAINST CUSTOMERS.