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TERMS AND CONDITIONS OF USE OF DYNA MUSIC WEBSITE
By using this website (“Site”), you are agreeing to comply with, and be bound by, the following terms and conditions of use, which together with our Privacy Policy governs DYNA MUSIC’s relationship with you in relation to Site. This TERMS AND CONDITIONS OF USE OF DYNA MUSIC WEBSITE (“Policy”) applies to our website located at www.dynamusic.com.ph. If you disagree with any part of Policy, please do not use Site.
I. GENERAL
1.1 DYNA MUSIC may modify Policy from time to time, and your continued use of Site (or any of our other websites) following such change shall signify your agreement to be bound by the modified Policy.
1.2 From time to time, Site may also include links to other websites. These links are provided for your convenience, to facilitate your access to related information. DYNA MUSIC assumes no responsibility for the contents of the linked website(s). Furthermore, the inclusion of such links on Site does not imply the latter’s approval or endorsement of the linked website.
1.3 Should you decide to access these third-party sites, you do so at your own risk.
1.4 This agreement shall remain in full force and effect while you use Site.
1.5 All legal relationships between the parties to this agreement and other entities are regulated by Policy and the corresponding laws of the Republic of the Philippines.
1.6 Unauthorized use of Site shall constitute a criminal offense and/or give rise to a claim for damages
II. REGISTRATION
2.1 To use some of the services or features made available to you on Site, you will need to register. Should you decide to register, you will be required to provide information about yourself that is true, accurate, current and complete in all respects. You will likewise be required to input your password. You must keep your password strictly confidential and it must be limited to your own personal use only.
2.2 You agree not to use the account of another registered user at any time, and that you are the true owner of this account.
2.3 Should you detect any unauthorized use of your account, you must notify us immediately.
2.4 DYNA MUSIC may change registration requirements from time to time.
III. USAGE AND RESTRICTIONS
3.1 By using our website, you represent and warrant that you have the right, authority, and capacity to enter and abide by all of the terms and conditions of Policy.
3.2 You affirm that you are either more than eighteen (18) years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, and representations set forth in Policy.
3.3 If you are under eighteen (18) years of age, you must seek the guidance of a parent or guardian prior to using our website.
3.4 Upon your purchase of Music Content from this website, you are granted a non-exclusive, non-transferable right to use the Music Content for your own personal, and non-commercial entertainment use.
3.5 You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 3.4 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content.
3.6 If you send any communications or materials to Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary in nature. You hereby waive any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way DYNA MUSIC uses such material.
3.7 Any material submitted to Site may be changed or used by DYNA MUSIC anywhere in the world and in any medium. Furthermore, DYNA MUSIC is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, in no way is DYNA MUSIC obligated to use any such ideas or materials, nor do you have any right to compel such use.
IV. ACCOUNTS and PASSWORD
4.1 Certain features or services offered on or through Site may require you to open an account (including setting up a DYNA MUSIC ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential.
4.2 You agree to immediately notify DYNA MUSIC of any unauthorized use of your account or password, or any other breach of security.
4.3 You may be held liable for losses incurred by DYNA MUSIC or any other user or visitor of Site brought about by a third party’s use of your DYNA MUSIC ID, password or account as a result of your failure to keep your account information secure and confidential.
4.4 You may not use anyone else's DYNA MUSIC ID, password or account at any time without the express permission and consent of the holder of said DYNA MUSIC ID, password or account.
4.5 DYNA MUSIC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
V. PRICING
5.1 Prices may be changed by DYNA MUSIC without prior notice.
5.2 Prices indicated are inclusive of VAT and other Philippine taxes.
5.3 If you are a customer whose credit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
5.4 Customers buying from Site will incur additional carriage costs. Additional expenses may also be incurred due to import duties that may be levied for internationally shipped orders, including duties, taxes and brokerage fees. Since DYNA MUSIC cannot control or predict such additional expenses, you will be solely responsible for paying these charges.
5.5 Pricing errors may still occur despite our effort to provide the most accurate pricing information. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders even if your order has already been confirmed and your credit card already charged.
VI. PLACING ORDERS
6.1 All orders are subject to acceptance and availability.
6.2 All sales are final and all charges from those sales are non-refundable.
6.3 We do not accept returns of digital content. We have no liability for content you find to be offensive, indecent or objectionable.
6.4 In order to make purchases through Site, you will be requested to register and provide your personal details such as your name, phone number, e-mail address and other requested information as indicated.
6.5 Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
6.6 Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order. Your receipt of this email shall not be construed as an acceptance of your order.
6.7 Unless you cancel your order, the purchase contract between you and DYNA MUSIC is perfected upon DYNA MUSIC’s acceptance of your order and dispatch of the goods to you.
6.8 We reserve the right, at our sole discretion, (i) to limit the quantity of items purchased per person, per household or per order; (ii) to refuse or cancel any order for any reason at any given time, including violation of Policy or any other policy of DYNA MUSIC; or (iii) to prohibit sales to dealers or resellers.
VII. RETURN & REPLACEMENT POLICY
7.1 Returns and replacements may be allowed subject to DYNA MUSIC’s management approval. Returns and replacements are allowed only for defective or incorrectly delivered products (e.g.wrong size, wrong item, etc).
7.2 Item/s purchased may be replaced only with the same product purchased. If a replacement with the same product is not possible, it may be replaced with another of equal or greater value; PROVIDED, that you shall pay for any difference in price that may result from the exchange, should the value of the substitute item be greater than the value of the item originally purchased.
7.3 Defective Items to be returned must be in brand new condition with all original packaging, complete accessories and with the original tag price attached. Items that have been altered, damaged, or used cannot be replaced and shall be shipped back to you at your own expense.
7.4 Items that are incorrectly shipped must be unopened and still in their plastic wrap when returned otherwise the same shall be shipped back to you at your own expense.
7.5 Due to the nature of the transaction, digital downloads may not be returned for any reason after confirmation of payment.
7.6 You shall be responsible for the compatibility of your equipment with the item/s purchased. DYNA MUSIC shall not be liable for any damage on the purchased item brought about by its incompatibility with customer’s equipment.
7.7 The customer must include the order acknowledgment and receipt when returning any item/s purchased.
7.8 To make a return and replacement, send us an e-mail via sales [at] dynamusic [dot] com [dot] ph (sales [at] dynamusic [dot] com [dot] ph) stating the item/s to be returned or replaced. In your e-mail, you must include your order number, the item/s you wish to return or replace, and the reason for the return or replacement.
7.9 The allowable period for domestic returns is seven (7) days from the date the order was received, including the shipping period. For international orders, the allowable period is fifteen (15) days. Defective or incorrectly shipped merchandise must be reported within twenty-four (24) hours upon receipt of the merchandise.
7.10 DYNA MUSIC will inform the customer if the merchandise for exchange is available. If available, the company will immediately advise you to send back the merchandise within twenty-four (24) hours of receipt of an e-mail notification. Returned items should be sent to this address:
DYNA MUSIC ENTERTAINMENT CORPORATION
Unit 2801, 28th Floor AIC Burgundy Empire Tower, ADB Avenue corner Garnet and Sapphire Roads, Ortigas Center, Pasig City, 1605 Metro Manila, Philippines
7.11 The merchandise must be shipped back to the Philippines within twenty-four (24) hours from the date of receipt of an e-mail notification. Defective merchandise returned after seven (7) days (or fifteen [15] days for international orders) of receipt shall be assessed a restocking fee of twenty-five percent (25%) of the total price of the merchandise.
7.12 Please allow two (2) weeks for returns to be processed. Processing will start upon receipt of the returned items.
7.13 Merchandise returned that is described as damaged or defective shall be tested and inspected. If indeed found to be defective or damaged, DYNA MUSIC will replace the merchandise and pay for the appropriate shipping costs for the replacement item. If the item is found by DYNA MUSIC not to be defective or damaged, any shipping fees or charges incurred will be for the account of the customer.
7.14 DYNA MUSIC shall incur no liability for any loss of income or other damage on account of any defect in any music products and other merchandise purchased herein other than to replace such music product and /or merchandise.
VIII. DELIVERY
8.1 All orders placed before 12:00 noon between Monday to Friday, Philippine time (GMT + 8:00), will be processed on the current day.
8.2 Delivery time and shipping cost will vary depending on the location and number of item/s purchased.
8.3 Some products can’t be shipped to certain geographical locations due to warranty issues, manufacturer requirements and/or other restrictions. You'll be notified when placing your order if we're unable to ship specific items to the address you've selected.
8.4 Due to varying laws governing international trade, additional restrictions may apply to certain items for delivery to certain countries. Additional expenses may also be incurred due to import duties that may be levied once the package reaches its destination country. Also, supplementary documents or information may also be requested by your local customs officialsbefore the package could be delivered to you. Since DYNA MUSIC cannot control or predict such additional duties or any other requirements by your local customs officials, you will be responsible for such.
8.5 Local orders will be delivered through Air21, and international orders will be delivered either through FedEx, DHL Express or United Parcel Service (UPS). Dyna Music reserves the right to deliver the goods through any of the couriers mentioned above or other couriers not necessarily listed above and/or whichever method we feel most suitable.
8.6 Please note the following lead times for delivery:
• Orders placed on weekends or on holidays will be processed and shipped on the following business day.
• For items to be delivered within the Philippines, please allow One (1) to Ten (10) Business days of shipment, excluding holidays, weekends, times of natural disasters and calamities, for your package to be delivered.
• For Worldwide Deliveries, please allow Seven (7) to Twenty One (21) Business days (Plus Customs Clearance Time), excluding holidays, weekends, times of natural disasters and calamities, for your package to be delivered.
IX. CANCELLATION
9.1 You may cancel your order at any time BEFORE your ordered items have been shipped. No cancellation of orders will be allowed after shipment has been made.
9.2 To cancel an order, notify us via email (sales [at] dynamusic [dot] com [dot] ph (sales [at] dynamusic [dot] com [dot] ph)) stating which order you wish to cancel. Your e-mail must include your order number and the description of order/s you wish to cancel. You will receive an e-mail confirming the cancellation of your order after we have verified that your product had not been shipped. DYNA MUSIC shall not be obligated to act on your request for cancellation should your e-mail lack the required information.
9.3 Due to the nature of the transaction, digital downloads may not be cancelled for any reason after confirmation of payment.
X. PRIVACY POLICY
10.1 Use of our website is also governed by our Privacy Policy, which is incorporated by reference into this Agreement.
XI. TERMINATION
11.1 DYNA MUSIC has the right to terminate your access to any or all of its services at any time, without notice and for any reason, including without limitation breach of these terms and conditions.
11.2 You agree that DYNA MUSIC shall not be liable to you or any third party for the termination of your access to the website.
XII. INTELLECTUAL PROPERTY RIGHTS
12.1 Site and its Content (including without limitation the designs, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code [collectively, "Content"]), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on Site is owned, controlled or licensed by or to DYNA MUSIC, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
12.2 Except as expressly provided in Policy, no part of Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, stored, sold or distributed in any way to any other computer, server, website or any other medium of publication, distribution or for any commercial enterprise, without DYNA MUSIC's express prior written consent. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
12.3 You acknowledge that the content displayed or made available on Site is exclusively owned and/or controlled by DYNA MUSIC or DYNA MUSIC's Licensor, and you agree that you shall not assert any right that is in conflict with the rights of DYNA MUSIC and its Licensors.
XIII. INDEMNITY
13.1 You agree to indemnify and hold DYNA MUSIC free from any liability due to any breach by you of these terms and conditions and any claim or demand brought against DYNA MUSIC by any third party arising out of your use of Site and/or any content submitted, posted or transmitted through Site, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by DYNA MUSIC in consequence of your breach of these terms and conditions.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 DYNA MUSIC does not promise that Site or any Content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results.
14.2 Site and Contents are delivered on as “as-is” and “as-available” basis. All information provided on Site is subject to change without notice.
14.3 DYNA MUSIC disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of Site and/or DYNA MUSIC’s products and services.
14.4 You assume total responsibility for your use of Site and any linked sites.
14.5 Your sole remedy against DYNA MUSIC for dissatisfaction with Site or any content is to stop using Site or any such content.
14.6 DYNA MUSIC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Site, or any portion of Site, for any reason; (2) to modify or change Site, or any portion of Site, and any applicable policies or terms; and (3) to interrupt the operation of Site, or any portion of Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14.7 In no event shall DYNA MUSIC, its officers, directors, employees or agents, be liable to you for any direct, indirect, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from Site, (5) any bugs or viruses, which may be transmitted to or through Site by any third party, and/or (5) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Site, whether or not the company is advised of the possibility of such damages.
XV. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 All matters relating to your access to or use of Site, including all disputes, will be governed by the laws of the Philippines without regard to its conflicts of laws provisions.
15.2 You agree to the sole jurisdiction and venue by the courts located in Pasig City, Philippines, and waive any objection to such jurisdiction or venue.
15.3 Any claim under Policy must be brought within one (1) year after the cause of action arises; otherwise, such claim or cause of action is barred.
15.4 In the event of any controversy or dispute between DYNA MUSIC and you arising out of or in connection with your use of Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party may submit such controversy or dispute to mediation under the laws of the Philippines. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Philippine law.
15.5 If you are accessing Site from outside the Republic of the Philippines, you must comply with applicable local laws regarding acceptable use of and conduct on the internet and the transmission of technical data exported from the Republic of the Philippines to the country in which you reside.
XVI. MISCELLANEOUS
16.1 DYNA MUSIC's failure to insist on or enforce strict performance of Policy shall not be construed as a waiver by DYNA MUSIC of any provision or any right it has to enforce Policy, nor shall any course of conduct between DYNA MUSIC and you or any other party be deemed to modify any provision of these terms.
