TERMS AND CONDITIONS OF
SALE
Last Revised
June 6, 2015
1. SELLER'S OFFER.
Notwithstanding
any contradictory terms and conditions which may appear on Buyer's forms, the
shipment and/or delivery of the goods and/or services made the subject of this
invoice and the mailing and/or delivery of this invoice shall not constitute
and acceptance by the Seller of any prior written or oral offer by the Buyer
which contained terms and conditions different from or additional to those set
forth below. Seller's acceptance of any such offer is expressly conditioned on
the terms and conditions set forth below. Buyer's acceptance of the goods
and/or services which are the subject of this invoice shall constitute
confirmation of Buyer's acceptance of the terms and conditions set forth below.
2. LIMITATION OF WARRANTIES.
Unless an
express written warranty is otherwise furnished by the Seller by a separate
document, the Seller makes no warranty, express or implied, with respect to the
goods sold and/or the services rendered by the Seller hereunder. ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS
AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE OR FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES FOR PERSONAL INJURIES OR DELAY. THIS DISCLAIMER OF
CONSEQUENTIAL DAMAGES WILL CONTINUE IN FULL FORCE AND EFFECT EVEN IF THE
BUYER'S LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In the event any
component or part of the goods sold and/or services rendered hereunder have not
been manufactured by the Seller, the Seller's sole obligation shall be limited
to making available to Buyer any existing applicable warranty of the
manufacturer to such component or part to the extent Seller can do so.
3. ENTIRE AGREEMENT.
No agent,
employee or representative of the Seller has any authority to bind the Seller
to any affirmation, representation or warranty concerning the goods sold under
this contract, unless such affirmation, representation or warranty is
specifically included within this agreement. No modification or alteration of
the foregoing disclaimer of warranty and limitation of remedies provisions
shall be valid or enforceable unless set forth in a separate document issued
and executed by the Seller.
4. INDEMNIFICATION.
In the event
Buyer fails to disclaim any warranty with respect to any articles sold
hereunder, Buyer shall indemnify and hold Seller harmless from any and all
liability, costs and expenses to which Seller may be subjected as a result of
Buyer's failure to so disclaim its express or implied warranties.
5. RISK OF LOSS; TITLE.
The goods
sold hereunder shall be at the risk of the Buyer upon delivery by the Seller to
the carrier F.O.B. shipping point. Title to the goods sold hereunder shall
remain in Seller until payment in full by the Buyer.
6. DELAYS BEYOND SELLER'S CONTROL.
Seller shall
not be responsible for delays in performance caused by delays at manufacturing
plants, or in transportation or due to strikes, fires, floods, storms, war,
insurrections, riots, any governmental regulation, order, act or instruction,
acts of God, or any other circumstances beyond the Seller's reasonable control.
7. SERVICE CHARGE: TERMS OF PAYMENT;
COLLECTION ACTIONS.
Any accounts
not adhering to the payment terms on the face hereof will be subject to a
service charge of 1 1/2 % per month (18% oer annum)
on the unpaid balance. Unless otherwise indicated on the face hereof payment
terms are net 30 days. If Seller commences an action to collect amounts due on
this account, Buyer will indemnify and hold Seller harmless from all expenses
incurred in connection therewith, including attorney's fees ans
shall be borne by the buyer.
8. SURVIVAL OF TERMS.
To the
extent any provision hereof is held invalid, then that provision shall be
deemed to be deleted, and the remaining provisions hereof shall remain in full
force and effect.
9. RETURNED GOODS. IMPORTANT.
A 10%
handling or restocking charge, after inspection and in the opinion of the
Seller, can be made upon all goods returned for credit. Goods returned for
credit must be returned within five (5) days after receipt and must be
accompanied by our Invoice Number and date of purchase.
10. FOREIGN SHIPMENT.
In the event
this sale involves a foreign shipment, the Seller declares this invoice to be
true and correct in every respect and declares the goods described on the
reverse side hereof to be the product of the industry of the United States of
America, except as otherwise noted.
11. LIMITATION OF ACTIONS.
Buyer agrees
that any action of any kind by the Buyer against the Seller must be commenced,
if at all, within one (1) year after the date of delivery.
Terms of Use
Last Updated June 6.2015
Welcome to www.kmconline.com. KMC Music a division of JAM
Industries USA LLC. ("KMC") provides this website to you for your
convenience and to provide you with information about KMC and our products.
Your access to this website is subject to your agreement with all of the terms
and conditions set forth below (including our Privacy Policy) [https://www.kmconline.com/EC_PrivacyPolicy.aspx] These terms and conditions together with our Privacy Policy constitute
the agreement between you and KMC regarding use of this website ("Agreement").
AS A RESULT, PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, WHICH ARE INTENDED TO BE
FULLY EFFECTIVE AND BINDING UPON YOU. PLEASE PRINT A COPY OF THESE TERMS &
CONDITIONS FOR YOUR REFERENCE.
Modifications to
this Agreement
We may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting the modified
Agreement. Material modifications will be conspicuously posted on the website.
You agree to review the Agreement periodically to be aware of such
modifications and your accessing or using of the
website constitutes your acceptance of the Agreement as it appears at the time
of your access or use.
Ownership
KMC MUSIC a division of JAM Industries USA LLC.
All textual, graphical and other content appearing on this
website is the property of KMC, unless otherwise noted.
All other names and marks mentioned in this website are the
trade names, trademarks or service marks of their respective owners.
Should you send KMC any website postings, feedback or data,
such as ideas, comments, and suggestions or questions regarding any KMC product
or service or this website, such information will not be given confidential
treatment. KMC will have no obligation of any kind to you with respect to any
postings, feedback or data that you submit to KMC. Your submission of such
postings, feedback and data constitutes an assignment to KMC of such material
(along with any underlying or related ideas, concepts, techniques and know-how)
and you agree to assign and hereby assign all such postings, feedback and data
to KMC without charge. As the sole and exclusive owner of such postings,
feedback and data, KMC will be free to reproduce, copy, use, disclose and
distribute the information to others including without limitation incorporating
your postings, feedback or data (and any underlying or related ideas, concepts,
techniques and know-how) into any KMC product or service or this website
without compensation to you of any kind.
License to Access
You may view, copy, print and use content contained on this
website (including recorded material) solely for your own personal use,
provided that: (1) the content available from this website is used for
informational and non-commercial purposes only; (2) no text, graphics or other
content available from this website is modified or framed in any way; and (3)
no graphics available from this website are used, copied or distributed
separate from accompanying text. The use of any content for commercial purposes
is expressly prohibited. Nothing in this Agreement is intended to, or may be
construed as, conferring by implication, estoppel or otherwise any license or
other grant of right to use any patent, copyright, trademark, service mark or
other intellectual property of KMC or any third party, except as expressly
provided in this section.
You may not otherwise use, copy, modify, distribute,
translate, reproduce, republish, disassemble, reverse engineer, decompile,
mirror, or transmit any of the content or materials of this website or rent or
sell use of or access to (such as on a time share or service bureau basis) this
website, or any of the content or materials on this website, without the prior
express written permission of KMC. You may not permit third parties to access
this website or use any website content and may not make any other use of the
website or any website content except as set forth in this Agreement, unless
otherwise expressly agreed to in writing by KMC. You may not harvest or collect
information about others, including e-mail addresses.
You agree to use the website for lawful purposes only. You
may not post or transmit through the website any material (I) that violates or
infringes in any way upon the rights of others, (II) that is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, (III) that encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or (IV) that, without KMC express prior approval,
contains advertising or any solicitation. Any conduct by you that, in our
discretion, restricts or inhibits any other person from using or enjoying the
website will not be permitted.
You understand and agree that KMC may terminate or otherwise
deny your access to the website and without notice in the event KMC believes in
its sole discretion that (I) you have violated a provision of this Agreement,
(II) you have used or misused the website in a manner that KMC has determined
is unlawful, unethical or otherwise inappropriate, or (III) such action is
reasonably necessary to protect a third party or KMC or if such action is otherwise
required by law.
You acknowledge and agree (1) that your use of this website
is at your own discretion and risk, (2) that use of any material, information
or data downloaded or otherwise obtained through the use of this website is at
your own discretion and risk, and (3) that you are solely responsible for any
damage to your computer system for loss of data that results from the download
of such material, information or data, and for any other form of damage that
may be incurred.
Dealers,
Distributors, and Other Third Party Websites
This website may contain links to, or be accessed through
links on, websites managed and operated by KMC dealers or distributors. KMC
dealers and distributors are separate and independent entities and are not
agents of KMC. KMC does not have control over the websites of KMC dealers or
distributors or any other third party website. As a result, KMC does not have
responsibility for the content, information, misinformation, errors,
availability, operation or performance of any such third party website to which
this website may link or from which this website may be accessed.
Linking
If you operate another website and are interested in linking
to our website, you agree to be bound by the following rules: (1) the link must
be a text-only link clearly marked; (2) the link must "point" to the
URL www.kmconline.com and not to any other pages; (3) the link, and use
thereof, must be in connection with a website of appropriate subject matter;
(4) the link, and use thereof, may not be such that may damage or dilute the
goodwill associated with the KMC's name, trademarks or services;(5) the link,
and use thereof, may not create the false appearance that another entity is
associated with or sponsored by KMC; and (6) the link, when activated by a
user, must display this website full-screen and not with a "frame" on
the linked website. KMC reserves the right to revoke consent to the link at any
time in its sole discretion, either by amending this Agreement or through other
notice.
No Endorsements
Reference to any product, recording, event, process,
publication, service, or offering of any third party by artist name, trade
name, trademark, service mark, company name or otherwise does not constitute or
imply the endorsement or recommendation of such by KMC. Any views expressed by
third parties on this website (including recorded interviews) are solely the
views of such third party and KMC assumes no responsibility for the accuracy or
veracity of any statement made by such third party.
Product Access
This website may be accessed internationally and may contain
references or cross references to KMC products, programs and services that are
not available in your country. Such references do not imply that KMC intends to
make available any particular product or service in your country or that such
products or services may lawfully be used in or imported into your country. KMC
reserves the right without prior notice to discontinue products and services,
including models, parts and accessories, and other items or change
specifications at any time without incurring any obligations to any party.
Privacy Policy
If you believe that your copyright in any material has been
infringed on this website, please provide our Copyright Agent with all of the
following information in the form prescribed by Section 512 of Title 17, United
States Code:
(a) a description of the
copyrighted work you claim has been infringed,
(b) a description of the material
that you claim is infringing, identified with sufficient detail for us to
locate it on the website,
(c) your address, telephone number
and e-mail address,
(d) a statement by you that you
have a good faith belief that the disputed use is not authorized,
(e) a statement by you declaring under penalty of perjury
that the above information is true and that you are the owner of the
copyrighted interest or authorized to act on the copyright owner's behalf, and
(f) a physical or electronic
signature of the person authorized to act on behalf of the copyright owner's
interest. KMC's Copyright Agent for notice of claims of copyright infringement
on its Website can be reached as follows:
Copyright Agent
__________________________
__________________________
__________________________
You understand and agree that: (1) KMC assumes no liability
or responsibility for any third party content or material of any kind that is
submitted to or posted on the website by you or by any other users or third
parties and (2) KMC is a publisher of any such content, and is acting solely as
an Internet Website Provider as such term is defined in the Digital Millennium
Copyright Act.
Bulletin Boards, Chat Rooms and Other Interactive Areas
KMC may provide bulletin boards, chat rooms and other
interactive areas for its visitors to participate in. By accessing or using
this website, you agree to abide by the following guidelines for use of any
such bulletin boards, chat rooms and other interactive areas:
1. You must maintain a polite, pleasant environment.
Comments that harass abuse or threaten others are prohibited. You may not
criticize other individual users or KMC or any of its affiliates.
2. You must ensure that all comments are appropriate to all
people. Any content that is defamatory, pornographic, obscene, or otherwise
objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. You may not send any chain letters, junk mail,
unauthorized e-mail, or commercial solicitations, or engage in, facilitate or
encourage any illegal activities.
5. Any and all postings you may submit to this website must
be your original work, based upon your diligent research and best efforts.
All users of this website must also follow any other
guidelines or rules provided by KMC or posted on this website for such postings
or submissions. A failure to comply with any of these guidelines or rules, or
any of the other provisions of this Agreement, will result in, among other
possible action, the immediate termination of all access and privileges to post
content to the website. Please report any violations of these guidelines to
KMC, as provided for in the "Contact Us" section of this Agreement
below.
You and other users of any bulletin boards, chat rooms and
other interactive areas are solely responsible for the content and consequences
of any messages you communicate or post on this website. KMC will have no
liability for any content and consequences of any such messages.
You should exercise the utmost discretion before providing
any personal information to third parties via any such bulletin boards, chat
rooms or other interactive areas that may be on this website.
Although KMC is not obligated to monitor content or the
accuracy of information, you acknowledge and agree that KMC, in its sole
discretion, has the right to monitor, without notice, any such content or
information posted on this website. KMC also reserves the right, in its sole
and absolute discretion, to prohibit any conduct or remove any content, without
notice, for any reason, and to revoke any user's access, for any reason. KMC
also reserves the right to review any submission you may send to the website
and may decide, in its sole discretion, whether or not your submission is
appropriate for the website.
Warranty
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KMC
SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS
WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF
DEALING OR USAGE IN TRADE.
THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, KMC DOES
NOT WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR
THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. KMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
This website and all information and related materials it
contains are provided "AS IS" and "WITH ALL FAULTS." KMC
makes no representation or warranty whatsoever regarding the completeness,
accuracy, currency, or adequacy of, or the suitability, functionality,
availability, or operation of this website or the information or materials it
contains. By using this website, you assume the risk that the information and
materials on this website may be incomplete, inaccurate, out of date, or may
not meet your needs and requirements.
No advice or information from KMC in any manner will create
any warranty as to this website or any product, service or material available
through this website. If for any reason you are not satisfied with this website
or its content, your sole remedy is to cease using this website or such content,
even if such remedy should fail of its essential purpose.
This website may be unavailable from time to time due to
mechanical, telecommunication, software, and third-party vendor failures. KMC
cannot predict or control when such downtime may occur and cannot control the
duration of such downtime. As a result, KMC cannot have any liability for such
failures.
Reasonable efforts are taken to ensure the accuracy and
integrity of information and related materials provided by KMC on this website,
but KMC is not responsible for misprints, out-of-date information, technical or
pricing inaccuracies, typographical or other errors. Information and related
materials are subject to change without notice.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL
KMC BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THIS WEBSITE,
EVEN IF KMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT,
KMC'S LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THIS
WEBSITE WILL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS
ESSENTIAL PURPOSE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KMC, ITS
AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES,
EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES,
LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES)
THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OR MISUSE OF THE
WEBSITE, ANY USE OR MISUSE OF THE WEBSITE IN CONNECTION WITH YOUR USER
INFORMATION OR LOGIN INFORMATION (IF APPLICABLE), YOUR INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHT OF KMC OR ANY OTHER PERSON OR ENTITY, OR
ANY VIOLATION OF THIS AGREEMENT.
Disputes and
Interpretation
The laws of the State of New York and the United States shall
govern use of the website without regard to any choice of laws or conflicts of
law provisions. You agree that any action, suit, or proceedings arising from or
related this website shall be brought exclusively in the federal or state
courts of the State of New York, United States and you consent to the exclusive
jurisdiction of such courts.
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.
This Agreement, along with our Privacy Policy [https://www.kmconline.com/EC_PrivacyPolicy.aspx], is
the sole agreement governing your use and access of this website and supersedes
all other agreements regarding use of the website. Any waiver of any portion of
this Agreement will be effective only if in writing and signed by KMC.
Contact Us
If you have any questions about this Agreement, please
contact us at:
KMC MUSIC a division of JAM Industries USA LLC,
Attn: Legal Department
310 West Newberry Road
Bloomfield CT, 06002
KMC Music a division of JAM Industries USA LLC.
All rights reserved
Privacy Policy
Effective Date: June 6 2015
This Privacy Policy meets the requirements of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Safe Harbor Principles designed to ensure compliance with such Directive. For more information on the Safe Harbor Principles, please visit the United States Department of Commerce International Trade Administration website at http://www.export.gov/safeharbor/doc_safeharbor_index.asp.
KMC Music a
division of JAM Industries USA LLC. and all of its
U.S. and foreign subsidiaries and affiliates ("KMC" or "us"
or "we") take seriously the confidentiality of your personal
information. The following Privacy Policy sets forth our information gathering
and dissemination practices for KMC.
1. Agreement to Privacy Policy
BY ACCESSING
OR USING THIS WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND
CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY
POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT
ACCESS THIS WEBSITE.
2. Amendments to Privacy Policy
KMC reserves
the right to modify or amend this Privacy Policy at any time. Notice of changes
to this Privacy Policy will be communicated to you in advance. All changes will
be effective immediately upon their posting to this website. Material changes
will be conspicuously posted on this website. You agree that by accessing or
using the KMC website without any objection following posting of such changes,
constitutes your acceptance of the revised terms.
3. Information We Collect
a. Personally Identifiable Information
KMC may
collect information you voluntarily share with us, including any content,
record, or electronic communication of any kind, including without limitation
your (1) contact information, (2) financial information, (3) demographic
information, and (4) other personal information, subject to applicable laws and
the terms of this Privacy Policy.
You are not required to provide personally identifiable information in order to
visit any KMC website. You must, however, register and provide personally
identifiable information in order to be placed on KMC's Email New Service List
and to enter contests and other promotions. KMC may use information you provide
us through emails, responses to polls, contests or sweepstakes or any other
promotional activity. Please be advised that any such submissions become the
property of KMC and may be used by KMC for any lawful purpose, subject to
applicable law. KMC can edit, rewrite, use, and reuse the content of your
submissions, including your name, likeness, photograph, and biographical
information in any way and in any media whether now known or invented in the
future, with or without attribution, including publication in online
publications, and in trade media, and advertising. You agree that any content
you send us will not violate any rights of any third-party and that you will
only send us content for which you own the rights.
b. Non-Personally Identifiable
Information
KMC also
collects other information that is not personally identifiable to you, but
results solely from your visit to our website. For example, we may collect
Internet Protocol ("IP") addresses. We may use web beacons and
cookies, which may be placed on your computer when you access the website.
(1) IP Addresses
Your
Internet Protocol ("IP") address is usually associated with the place
from which you enter the Internet, like your Internet Service Provider, your
company or your university. By collecting your IP address, KMC's server may
record the referring page that linked you to the KMC website (e.g., another
website or a search engine), the pages you visit on this website, the website
you visit after this website, the ads you see or click on, other information
about the type of web browser, computer, platform, related software and
settings you are using, any search terms you have entered on this website or a
referral website, and other web usage activity and data logged by our web
servers. KMC may also use your IP address to help diagnose problems with our
servers, gather broad demographic information, and administer our website. KMC
may also link this information with your personally identifiable information
when KMC feels that it is necessary to enforce compliance with its rules and
policies, terms of service, or to protect its website, customers or others.
(2) Web Beacons
Web beacons
are Internet tools, such as transparent images on a website or in e-mails that
we may send you, that help us to determine, for
instance, whether a page has been viewed or an e-mail opened. For example, when
you ask us to send you information on a promotion or newsletter, we may use web
beacons to determine how many of the e-mails we sent were actually opened. In
general, any electronic image viewed as part of a web page, including a banner
ad, can contain a web beacon.
(3) Cookies
KMC may use
cookies to track the use of its website and to facilitate and enhance your
experience. "Cookies" are small pieces of electronic data that are
stored by your browser on your computer's hard drive. The cookies enable KMC to
facilitate access to different aspects of the website. For example, by showing
when and how you and others visit its website, cookies help KMC to see which
pages of the website are popular and which are not. Cookies can also help KMC
to improve your enjoyment of this website, for example, by remembering your
address or other personal information when you request information or services
on the website. Most web browsers automatically accept cookies, but you can
disable this function so that your browser will not accept cookies. Please be
aware that disabling this function may impact your use and enjoyment of this
website.
4. How We Use Your Information
KMC does not
sell, rent or loan any of your personally identifiable information to any third
party. KMC may, however, use and share information with third-party suppliers
specifically involved in the processing of your information received via the
KMC website. KMC may also share your information with our foreign and domestic
affiliates and subsidiaries and third-party suppliers, which may require
sending your personal information to or from the United States and another
country.
KMC will use
your personally identifiable information only for the purpose of communicating
to you as set forth in this Privacy Policy and any other purpose for which you
disclose it to us. If you wish for us to cease use of your personally
identifiable information in any way, you may contact us at any time as set
forth below. We will contact you in writing via email prior to using your
information for any reason other than for the reason you disclosed it to us.
In addition,
KMC may use and share aggregated information that does not uniquely identify
you when it enables KMC to improve and enrich our services and website content.
KMC reserves
the right to use and share your information where such disclosure may be
required by law.
5. Access by Children
This website
is not intended for use by children age under age 16. No one under age 16 is
allowed to provide any personally identifiable information or use KMC public
discussion areas, forums and chats or participate in any contests or any other
promotional activities, and KMC does not knowingly collect or use information
from children under age 16 through this website. To subscribe to newsletters
and to participate in other activities where personal information is divulged
on this website, you must be age 16 or older. Minors under the age of 18 should
get the permission of their parent(s) or legal guardian(s) before subscribing
to anything on this website.
6. Choice/Opt-Out
If you are
registered to receive KMC's Email News Service List, you may also receive
commercial email regarding upcoming KMC promotions and events. If you receive
KMC's commercial email and would like to avoid receiving such email in the
future, you may opt-out of receiving it by clicking on the opt-out area within
that email or by clicking here. KMC will only communicate with you according to
your instructions.
7. Security
KMC limits
third party access to personally identifiable information collected on this
website. This website has security measures in place that we believe are
reasonable to help protect against the loss, misuse and alteration of the
information under KMC's control. While KMC cannot guarantee that loss, misuse
or alteration to data will not occur, KMC uses industry standards, such as
Secure Socket Layers ("SSL") technology, to help safeguard against
such occurrences. In certain instances, the information passed between your
browser and the KMC system is encrypted with SSL technology to create a
protected connection between you and this website to ensure confidentiality. In
the event that a breach into the KMC security systems occurs and there is a
possibility that an unauthorized person acquires your personal information, KMC
will notify you of such a breach under applicable law.
8. Access to Your Personal Information
If you wish
to have access to your personally identifiable information, please contact us
with your request. You may also request that KMC update your personal
information or correct any factual errors that you believe may exist regarding
this information. In the event of a change in control of KMC or sale by KMC of
substantially all of its assets, any information owned by or in the control of
KMC may be transferred to such KMC successor, who will comply with the terms of
this Privacy Policy.
9. Third-Party Websites
This website
may link to, or be linked to, other websites not maintained by or related to
KMC. KMC is not responsible for the privacy policies or practices of any third
parties or third-party websites, including any third-party linked or linking
websites. To the extent that you disclose personally identifiable information
to any such third parties, different rules may apply to their use and
disclosure of personal information that you disclose to them. KMC encourages
you to review the privacy policies of such websites before disclosing your
personal information to them.
10. Contacting Us
If you have
any questions or concerns regarding this Privacy Policy, please contact us at:
KMC Music a division of JAM Industries USA LLC.
Attn: Legal
310 West Newberry Road
Bloomfield, CT 06002
