Terms of Service
Terms of Service for Artist Music Website and Web Shop “https://calmingpodcast.com”.
These Terms of Service (“Terms”) govern your use of the Artist Music Website and Web Shop, https://calmingpodcast.com (hereinafter: “Service”) and any content made available from or through the Service, including but not limited to, digital audio files and physical merchandise (collectively, “Products”). Please read these Terms carefully before using the Service. By using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Service Access and Availability
The Service is provided on an “as is” and “as available” basis, and we do not guarantee that the Service will always be available, error-free, or secure. We reserve the right to modify, update, or discontinue the Service at any time, without notice.
Product Availability and Pricing
All Products are subject to availability, and we reserve the right to modify the selection of Products offered through the Service at any time, without notice. The prices of Products may change at any time, and we do not provide price protection or refunds in the event of a price decrease or promotional offering.
Payment and Order Processing
Payment for Products may be made through the payment methods made available through the Service. You represent and warrant that you have the right to use any payment method provided by you. All transactions are processed-in-USD.
Shipping and Delivery
Physical Products purchased through the Service will be shipped to the shipping address provided by you at the time of purchase. Shipping fees and delivery times will be specified at the time of purchase. We are not responsible for any shipping or delivery delays.
Product Returns and Refunds
All sales of digital audio files are final and no refunds will be provided. Physical Products may be returned within 10 days of delivery, provided that the Product is unused and in its original packaging. The cost of return shipping will be your responsibility. Refunds for returned Products will be processed within 14 business days of receipt of the returned Product.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the artist and protected by United-States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal, non-commercial use only. Any other use of the Service is strictly prohibited and may infringe on the intellectual property rights of the artist or others.
Disclaimer of Warranties
The Service and all Products are provided on an “as is” and “as available” basis, and the artist makes no representation or warranty of any kind, express or implied, as to the operation of the Service or the information, content, materials, or Products included on or otherwise made available to you through the Service, unless otherwise specified in writing.
Limitation of Liability
In no event shall the artist be liable for any damages of any kind arising from the use of the Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
You agree to indemnify and hold the artist harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Service.
These Terms and your use of the Service will be governed by and construed in accordance with the laws of the state of Insert-State, United-States, without giving effect to any principles of conflicts of law.
Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
These Terms constitute the entire agreement between you and the artist regarding the use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions or concerns regarding these Terms, please contact us at:
Calming White Noise
Huntington Beach (CA)
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