TERMS OF SERVICE
Last Updated: September 30th, 2024
shop.okayplayer.com
(the “Site” refers to the website or web store you are browsing, located at the applicable URL in your browser)
Please ensure that you also read and understand all of our Policies linked at the footer of this Site.
OVERVIEW
Throughout this Site, and the related documents and links, the terms “we”, “us” and “our” refers to this operation of this webSite or webstore. shop.okayplayer.com offers this webSite, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, or “Terms” or “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms shall apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our webSite. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the webSite or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Site or store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our webSite. It is your responsibility to check this page periodically for changes. Your continued use of or access to the webSite following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We utilize many third party applications and technologies, and build our own applications and technologies in conjunction with Shopify to deliver our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Other Specific Terms regarding any subscription services offered on this site (if applicable):
Recurring Charge: If you opt into a recurring subscription service, you will be billed monthly, quarterly, or annually as selected on your payment preference of choice and product selection. You will be charged on a continual basis accordingly until you cancel such subscription. We reserve the right to increase or change the recurring charge amount with at least 7-days notice to you. You may cancel at anytime via your online profile on this Site. If you are having trouble canceling, please contact our customer support team at the link in the footer of this Site.
Shipping & Handling: We reserve the right to charge shipping & handling fees on top of any subscription service charge at any time, and may increase such Shipping & Handling rates charged to you at any time. If you have questions about how much shipping will cost to your location, please consult our FAQ or contact our customer support team at the link in the footer of this site.
Taxes: Sales tax will be charged as applicable with each transaction.
You are not guaranteed to receive the selected subscription product or title. If we sell out of the product in any given month before your album ships, or if a specific release or product is restricted from shipping to your territory, you will have the option to sub for another available title or product or receive a refund. For any other questions or concerns regarding our recurring subscription products, please consult our FAQ and contact our customer service team at the link in the footer of this Site.
We reserve the right to pause your subscription at any time and reactivate it with notice.
We reserve the right to cancel your subscription at any time.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the webSite through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES & INTELLECTUAL PROPERTY (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
Pre-orders are not guaranteed to ship, and availability of stock on our Sites is not guaranteed. At times, pre-orders or certain items are over-sold and we are not able to fulfill the orders. If this occurs, we will notify you via email as soon as possible and we will issue a full refund or credit, at your discretion.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We own or have fully licensed, solely and exclusively, all rights, title and interest in and to the Site, and all related content (including, without limitation, photographs, drawings, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the design and layout of the Site, and the organization of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark, patent, database, moral, and any other intellectual property and proprietary rights therein. Your use of the Site does not grant to you any ownership of any intellectual property, content, code, data or materials you may access on the Site. You may view the content on the Site on your computer, mobile phone, tablet, or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial exploitation or distribution of the Site, or any content, code, data or materials on the Site, is strictly prohibited. You may not copy, reproduce, distribute or otherwise exploit any intellectual property, content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") utilized or displayed on the Site are registered and unregistered Trademarks of Us and others. You may not use the Trademarks without the express written consent of the owner of such Trademark. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Your misuse of any of the intellectual Property or the Trademarks displayed on the Site is strictly prohibited.
We do not solicit nor do we ask to receive any confidential, secret or proprietary information or other material from You through the Site, by e-mail or in any other way. Any information, music, works, demos, ideas, recommendations, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy. By submitting or sending any materials to us, you: (i) represent and warrant that the materials are original to you, that no other party has any rights thereto, and that any "moral rights" in those materials have been waived, and (ii) you grant Us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any material that you provide to us, and we may delete or destroy any such material at any time.
Our content, our Intellectual Property, and any other information we own, or rights we own or have licensed, may not be copied, reproduced, re-broadcast, transmitted, published, displayed, distributed, modified, exploited, sold, or transferred without our express prior written consent. If we deliver to you as a part of the Services, digital media files, or access to streaming media content, you agree that you will not copy, reproduce or distribute such content other than on your personal devices, and that you will only broadcast such content to yourself and audiences with you in person for non-commercial purposes only. You may not resell such files, or access to such content, or share such files or access to such content on the internet in any form. You may only use content that we deliver to you for non-commercial purposes. You may not create derivative works based on any of ours or our licensees’ intellectual property. You may not reverse engineer any of our technology, products, or other intellectual property in any manner or form whatsoever.
We reserve the right to make changes to any delivery services or carriers for the purposes of sending you products. All delivery timelines are estimations and cannot be guaranteed.
We may require that you register for the webSite in order to have access to certain services.
All rights to the products are owned by us, or respective partners or licensors.
Certain products or services may be sold as a “Final Sale”- meaning there are no refunds or cancellations-after-the-fact available to You unless the product or service is defective in some way, and such defect can be proven by a photograph by You.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or appear to be fraudulent.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Shipping, Refund, and Returns Policy and other applicable policies linked in the footer of this Site.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the webSite (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and our Privacy Policy, as well as the other policies linked in the footer of this Site.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party webSites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or webSites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party webSites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments or content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related webSite. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please ensure you read and fully understand our Privacy Policy, linked in the footer of this Site and all other applicable Policies.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, inventory, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related webSite is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related webSite, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related webSite, should be taken to indicate that all information in the Service or on any related webSite has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related webSite, other webSites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related webSite, other webSites, or the Internet. We reserve the right to terminate your use of the Service or any related webSite for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall this Site and the respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, joint ventures, affiliates, subsidiaries, service providers or licensors related to the entities operating this Site, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
For avoidance of any doubt and notwithstanding anything to the contrary, we shall have no liability arising out of any injury to individuals, companies, or property as a result of the ownership, possession, distribution, or use of any product sold, leased, distributed, or delivered by us.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the lowest amount permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless all entities associated with the operation of this Site, and their respective parent organizations, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, partners, joint ventures, subsidiaries, affiliates, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Pennsylvania in the United States of America.
SECTION 19 - CHANGES TO THESE TERMS & CONDITIONS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our webSite. It is your responsibility to check our webSite periodically for changes. Your continued use of or access to our webSite or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Site (hereinafter, “We,” “Us,” “Our”) may offer a mobile messaging and marketing program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms of Service or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages or text, SMS, or MMS messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply with the applicable opt-out messaging you are prompted with on such messages, which may be: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” or another word as prompted, to the number you received messages from or email us at the Contact Us link in the footer of this Site. Please note that the use of, or messaging to, the Contact Us link on this Site is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Site or Program if you are under thirteen (13) years of age. If you use or engage with the Site or Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Site, you acknowledge and agree that you are not under the age of thirteen (13) years, and if you are between the ages of thirteen (13) and eighteen (18) that have your parent’s or legal guardian’s permission to use or engage with the Stie, or that you are of adult age in your jurisdiction. By using or engaging with the Site, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Site or Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Site or Program. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Section 21 - Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Philadelphia, Pennsylvania before one arbitrator. The arbitrator shall be independent, free of any conflicts, and shall perform their duties in good faith.
The parties agree to submit any dispute to binding arbitration. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Site’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate on this Site or in any of our Programs.
Section 22 - Florida Law
We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
SECTION 23 - SALES TAX & OTHER CHANGING PRICES
Due to the ongoing evolution and rapid changes state-by-state for sales tax collection laws, we are constantly changing and updating the states where we collect and remit sales taxes. For this reason, you may notice that you may not have had to previously pay sales taxes on this Site, but you may now need to. We reserve the right, on a continuous basis, to update the states where we collect and remit sales tax. If you have subscribed to an ongoing subscription-based product we reserve the right to update your future transaction amounts in any given month to collect sales tax where it has become a requirement, as well as increased shipping & handling and product-based increases. As a reminder, you may cancel an order at any time prior to its shipping. If you have subscribed to an ongoing subscription-based product we reserve the right to update your transaction amount in any given month to collect sales taxes where it has become a requirement. As a reminder, you may cancel an order at any time prior to its shipping.
SECTION 24 - SHIPPING & HANDLING PRICING FLUCTUATIONS
Due to the ongoing evolution and rapid changes with carriers and related transportation, shipping, and handling costs, we are constantly changing and updating the amount we must charge for shipping and handling to certain states and countries. For this reason, you may notice that the amount you pay for shipping and handling may fluctuate regularly. We reserve the right, on a continuous basis, to update the amount we bill for shipping and handling to any location and for any product. If you have subscribed to an ongoing subscription-based product we reserve the right to update your transaction amount in any given month to collect a different amount for the shipping and handling, and such change may be made without notice to you. As a reminder, you may cancel an order at any time prior to its shipping. If you have subscribed to an ongoing subscription-based product we reserve the right to update your transaction amount in any given month to collect a different amount for the shipping and handling, and such change may be made without notice to you. As a reminder, you may cancel an order at any time prior to its shipping.
Section 25 - Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Privacy Policy and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program or Site shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program or Site after any such changes, you accept this Agreement, as modified.
Contact us
For general customer service inquiries, please send us a message via the footer link “Contact Us.”
For more information about our terms or privacy practices, or if you have questions, or if you would like to make a complaint, please submit a request via email to legal (at) mainfactorcommerce.com
If you believe your rights have been violated in any way, please do not hesitate to contact us via email at legal (at) mainfactorcommerce.com
Phone: +1 215-436-8113 (Please note, we reserve the right to regularly set this phone number to an auto message and to only reply to inquiries via email. The quickest way to always contact us for customer service inquiries, is via the Contact Us link at the footer of this Site).
Generally, we do not respond to customer service inquiries via phone, please submit a ticket via the Contact Us page on this Site.
By Mail:
shop.okayplayer.com
615 Chestnut St.
#39801
Philadelphia, PA 19106
Please note that our mailing address is a PO box and not a physical office location.