Welcome to Jazz Inside or JazzInsideMagazine.com online store (the "Store"), developed, hosted and managed by Eric Nemeyer Corporation
The Store, as well as the websites of our affiliates and subsidiaries,
are currently being provided free-of-charge to you. The terms "you",
"your", and "yours" refer to the customer/purchaser utilizing our
Store(s). The terms "Jazz Inside® Magazine",
"JazzInsideMagazine.com", "we", "us", and "our" refer to Eric Nemeyer Corporation,
acting on its own behalf. We reserve the right to change the nature of
this relationship at any time and to revise these Terms and Conditions
from time to time as we see fit. If you violate the terms of this
Agreement you will have your access canceled and you may be permanently
banned from using the Store and any interactive services. You should
check these terms and conditions periodically. By using the Store after
we post changes to these Terms and Conditions, you agree to accept
those changes, whether or not you actually reviewed them.
Entering the Store will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Store.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Store contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and
that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is
copyrighted as a collective work under the U.S. copyright laws, and we
own a copyright in the selection, coordination, arrangement, and
enhancement of such Content. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific restrictions are
displayed, you may make copies of select portions of the Content,
provided that the copies are made only for your personal use and that
you maintain any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), you may not upload, post, reproduce, or distribute
in any way content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other
Nothing contained on the Store should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Store or any information displayed on the Store, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Store.
Intellectual Property Infringement
We rely upon a network of independent Associates and vendors who
supply some of the goods advertised on the Store and, in some cases,
drop ship them directly to our customers. We are not liable for any
infringement of copyrights, trademarks, trade dress or other
proprietary or intellectual property rights arising out of Content
posted on or transmitted through the Store, or items advertised on the
Store, by its Associates. If you believe that your rights under United
States or international copyright laws are being violated by any
Content posted on or transmitted through the Store, or items advertised
on the Store, please contact us promptly so that we may investigate the
situation and, if appropriate, block or remove the offending Content
and/or advertisements. It is our policy to disable access to infringing
materials, and to terminate access of repeat infringers to the Store.
In order for us to investigate your claim of infringement, you must
provide us with the following information:
- 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Store;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
c/o Eric Nemeyer Corporation
P.O. Box 30284
Elkins Park, PA 19027 USA
JAZZINSIDEMAGAZINE.COM, Jazz Inside and other marks indicated on the Store
are registered trademarks or registered service marks Eric Nemeyer Corporation, in the United States and other countries. Our graphics, logos,
page headers, button icons, scripts, and service names are trademarks
or trade dress and such trademarks and trade dress may not be used in
connection with any product or service that is not our own, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us. All other trademarks not owned
by us that appear on the Store are the property of their respective
owners, who may or may not be affiliated with, connected to, or
sponsored by us.
You may not download (other than page caching) or modify the Store
or any portion of it, without our expressed written consent. This
includes: a prohibition on any resale or commercial use of the Store or
its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Store or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. The Store or any portion
of the Store may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without our
expressed written consent. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of the Store
or its affiliates without our expressed written consent. You may not
use any meta tags or any other "hidden text" utilizing our name or
trademarks without our expressed written consent.
If you use the Store, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. We and our
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Keyboardmag.com to either a foreign national or a foreign destination in violation of such laws.
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We are not responsible for the content of any sites that may be linked to or from the Store, or any bulletin board associated with the Store. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Store is independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by us of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
The Store is provided on an "AS IS," "as available" basis. Neither we, nor each of our respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Store will be uninterrupted or error-free. Neither we, nor our Associates warrant the accuracy, integrity, or completeness of the Content provided on the Store or the products or services offered for sale on the Store. Further, we make no representation that Content provided on the Store is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by us or our Associates shall create a warranty. You expressly agree that the use of the Store is at your sole risk.
Under no circumstances shall we or our Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Store, including but not limited to reliance by a user on any information obtained at the Store, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Keyboardmag.com records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Keyboardmag.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Store. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Store are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Store, please refer to the manufacturer or Associates for details.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through Keyboardmag.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Store. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of us, our Associates, and you.
We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, us, the communities that make up the Site, or any rights of us or any third party. Notwithstanding the foregoing, neither we nor our Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither we, nor our affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Termination of usage
We may terminate your access or suspend your right to access to all or part of the Store, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or us. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
By visiting the Store, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us.
Any dispute relating in any way to your visit to the Store or to products you purchase through the Store shall be submitted to confidential arbitration in Jenkintown, PA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Store policies, modification and severability
Please review our other policies, such as our Privacy and Security Policy, posted on the Store. These policies also govern your visit to the Store. We reserve the right to make changes to the Store, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.
c/o Eric Nemeyer Corporation
P.O. Box 30284
Elkins Park, PA 19027 USA