Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING www.asymmetrix.org  WEBSITE (the "Site"). This Site is fully controlled and operated by Asymmetrix Entertainment Inc., Inc. ("AEI", "we" or "us"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of AEI (the "Agreement").

ASYMMETRIX ‘S MISSION

Asymmetrix Entertainment Inc.'s mission is to create and provide positively life-changing experiences for students, teachers, parents and communities.

The Asymmetrix Entertainment Inc. web site, Network, forums, and were created as communications vehicles to support this mission. We intend their use as a clearing housing for information, the exchange of ideas, and as a "meeting place and discussion host" for music students, music educators, parents, other members of the music community.


SHOPPING
All of our products are guaranteed against defects for 30 days from the date of the invoice. In the event that a product you purchase from us is defective during such 30-day period, please contact us. Except as expressly stated herein, we expressly disclaim all warranties, express or implied, of any kind with respect to products sold on the Site, including but not limited to, merchantability and fitness for a particular purpose. You agree that our sole and exclusive maximum liability arising from any product sold on the Site shall be the price of the product ordered. In no event shall we, AEI, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our finance and accounting department. We may require additional verifications or information before accepting any order. We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by us.


OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic materials or other copyrightable elements, trademarks, service marks and trade names ("Material") are the property of Asymmetrix Entertainment Inc. and are protected without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. Asymmetrix Entertainment Inc. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Asymmetrix Entertainment Inc.. Use of AEI and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

ASSIGNMENT OF RIGHTS AND INDEMNIFICATION
If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant AEI permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, AEI will have the right to use and change the Postings in any manner that AEI may determine.

You further agree to indemnify, defend and hold harmless, Asymmetrix Entertainment Inc., Inc. its affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. AEI reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AEI in asserting any available defenses.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AEI is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AEI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AEI OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall AEI's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

HYPERLINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by AEI, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and AEI does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, AEI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither AEI, its subsidiaries nor affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall AEI assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, AEI will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

MISCELLANEOUS
AEI operates and controls this site from offices in Maryland, Virginia and Washington DC, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Washington, DC applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Washington, DC.