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Conditions of Use Conditions of Use
Dinky Music Online Store Terms and Conditions:

• Terms and Conditions

These terms and conditions (“Terms”) govern your use of the Dinky Music Online Store. By placing an order through the Dinky Music Online Store, you express your understanding and agreement that you are bound by these Terms, in addition to the Site Terms. If you are unwilling to be bound by these Terms and the DinkyMusic.com Site Terms, you may not use the Dinky Music Online Store. The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time. If any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of agreement remaining in full force and effect. The terms and conditions constitute the entire agreement between us governing your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

• Order Validation and Acceptance

Payment shall be made by a credit card. 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 the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order. When you place an order through the Dinky Music Online Store, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. No order shall be considered to be accepted by Dinky Music Inc. until the product has been shipped. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order.

• Pricing and Product Information

The Dinky Music Online Store makes every effort to provide current and accurate information relating to our products, services, and prices, but does not guarantee the currency or accuracy of any such information. Information relating to our products and services is subject to change without notice. Prices are subject to change at any time prior to our acceptance of your order. In the event we discover a material error in the description or availability of a product or service that affects your outstanding order with the Dinky Music Online Store, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, a credit to your credit card in the amount of the charge will be issued.

• Product Availability

We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.

• Product Display

The Dinky Music Online Store will make every reasonable effort to display its merchandise as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. The Dinky Music Online Store is not responsible for the display of any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy thereof.

• Electronic Communication

When you place an order through the Dinky Music Online Store, you are required to provide a valid e-mail address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that the Dinky Music Online Store will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid e-mail address.

• Your Account Obligations

Your Account Obligations: In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Your Conduct: Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, 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. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. Site Content: You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, 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, information and non-commercial use and that you do not alter or modify the Content in any way, and 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 proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.


• Security and Privacy

Our Security and Privacy Statement describes the information we collect about you, as well as why and how we use it. We also explain the choices you can make about how we collect and use your information.

What information is collected?

We collect information from you that you provide when you login, join our mailing list, register with us, place an order, or participate in a contest, promotion or survey. Categories of information collected include your name, e-mail address, postal address, phone number and credit card number. In addition, we may maintain a record of your purchases from the Dinky Music Online Store. We may also acquire names and mailing addresses for select mailings from third parties. On occasion, we may combine information you provide with other demographic information available to us.

How is my information used?

When you make a purchase from the Dinky Music Online Store, we use your information to process your order and to answer your questions about the status of your order. We may use the information to provide you with periodic e-mails and mailings about Dinky Music Inc. merchandise, services and promotions. We may also send you e-mails to help us learn more about your shopping preferences. In addition, we use information about your product interests and purchases to help us improve our online store and your shopping experience. If you register with us, or if you purchase from us online or over the phone, you have the option to request marketing materials from us, and we may send you notices about our merchandise, services and promotions through mail.

Will my information be shared?

To respect your privacy, the Dinky Music Online Store will not sell or rent the personal information you provide to us online to any third party. The Dinky Music Online Store only shares information about our clients with affiliated companies and reputable third parties to provide better service to you. These services may include maintaining and managing customer information; providing customer services; taking and fulfilling orders; conducting Dinky Music Inc. promotions and surveys; and communicating effectively with our clients. We do not authorize those third parties to make any other use of your information or to send you unsolicited e-mail. In addition, the Dinky Music Online Store may share information that our clients provide with specially chosen marketing partners. We also may share aggregated statistical or demographic information about you with third party companies in a manner that does not reveal your personal identity. When the Dinky Music Online Store conducts contests, sweepstakes, promotions, and surveys, or joins with other companies to do so, clients who choose to participate may be asked to provide personal information. The Dinky Music Online Store and the other participating companies may use this information for such purposes as notifying winners and fulfilling promotional obligations, and may also cross reference customer databases to identify common customers. Information from these activities may be used to explore future promotional opportunities or fulfill contractual obligations. Even if you have chosen not to receive e-mail or postal mail from Dinky Music Inc., prior to your participation in a contest, sweepstakes, promotion or survey, you may still receive information from Dinky Music Inc., in connection with such activity if you register for or participate in it. You may choose not to participate in contests, sweepstakes, promotions or surveys if you do not wish to receive information from Dinky Music Inc. or share your information with Dinky Music Inc., and the other companies sponsoring such activities. If you are visiting DINKYMUSIC.COM through a link from another website or search engine, information about your visit to DINKYMUSIC.COM may be collected by the provider of the other website or search engine. We encourage you to review the privacy policies of these other websites or search engines. You may avoid disclosing your information to these other websites or search engines by entering DINKYMUSIC.COM directly into the address field of your Internet browser.

How do I access or change my information?

If at any time you want to change or review the information you have provided, simply sign on to the Dinky Music Online Store and click on "My Account" on the navigation bar. You will then be able to change any information stored in your account. Be sure to click "Save" when you complete your changes. You can also change or access this information by sending an e-mail to CustomerService@DinkyMusic.com. Please be sure to include or have ready your full name, address, phone number and e-mail address.

How do I remove my information?

If you would prefer not to receive our e-mails and/or mailings-just let us know. You may submit your request to unsubscribe by sending and e-mail to customerservice@DinkyMusic.com. In addition, if you have received an e-mail from Dinky Music Inc., you may also reply with the word "unsubscribe" in the subject line. Please include your name and address as it appears on the e-mail or postal mail you received from us and indicate "Do not contact me by (e-mail) or (mail)." Your request may take up to 10 business days to process, and you may receive e-mail or postal mail in the meantime. Your removal request, along with your name and address will be stored in a "do not contact" file to ensure that we can honor your request. Please note that if you make subsequent purchases from our website, we will confirm your order by e-mail, and we may need to contact you by phone, e-mail, or postal mail with other questions regarding your order.

Changes to this Statement

Dinky Music Inc., and the Dinky Music Online Store may update the Security and Privacy Statement from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting our website, you agree to accept any such changes to these policies. Except as otherwise mentioned herein, this Security and Privacy Statement only addresses the use and disclosure of information we collect from you on our website.

• Payments/Shipping and Delivery

You may pay for your order with one of the following major credit cards, issued in the United States of America: Visa®, MasterCard®, Discover®, and American Express® cards. Orders placed before 3 p.m. ET, Monday through Friday, will generally be processed, billed, and shipped that day. Orders placed after 3 p.m. ET, Monday through Friday, or on weekends, will generally be processed and billed that day, and will generally be shipped the following business day. In most cases, your credit card will not be charged if the Dinky Music Online Store declines to accept your order. If your card has been charged, the Dinky Music Online Store will process a refund. In the event your shipment will be delayed more than thirty (30) days after the date of your order, the Dinky Music Online Store will attempt to notify you by e-mail, using the e-mail address you provided, and you may elect to cancel the order. If you elect to cancel the order, the Dinky Music Online Store will issue a refund. Shipping and handling charges will be added to the cost of your order. Generally, all orders are shipped within 24 hours of receipt, Monday through Friday. Orders are not shipped or delivered on Saturdays, Sundays or national holidays.

• Taxation

The Dinky Music Online Store collects and remits sales taxes as required by law on purchases made via the Site. If you have tax-exempt status, you must provide a valid tax exemption number evidencing your status at the time of purchase. The Dinky Music Online Store will not refund tax amounts collected in the event a valid number is not provided. If you provide a number that is not accepted for any reason by any governmental or regulatory authority, and the Dinky Music Online Store is required to pay tax on your purchase, you will reimburse the Dinky Music Online Store for the amount of such tax, and the Dinky Music Online Store’s reasonable expenses incurred in connection with the payment and collection of such tax.

• Return Policy

If you received the wrong product, or a product that is damaged or defective or contains a damaged or defective part, you may contact the Dinky Music Online Store, within thirty (30) days of receipt, to obtain return instructions, or to obtain a replacement part. Any digital downloaded product is not refundable.

• User comments

Any comments, suggestions, ideas, materials and other submissions ("User Comments") that you send to the Dinky Music Online Store are provided on a non-confidential basis. By submitting User Comments, you are granting Dinky Music Inc. an irrevocable and unrestricted license for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, and distribution. However, because we value the trust that you have placed in us, we will not use any of your personal information (name, etc.) in connection with your User Comments without your consent. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

• Links

This Site may contain links to Sites owned or operated by third parties. Such links are provided for your reference only and we do not control such Sites and we are not responsible for their content. We reserve the right to terminate a link to a third party Site at any time and the fact that we provide a Link does not mean that we endorse, authorize or sponsor that Site.

• DISCLAIMER

OUR WEBSITE CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, DINKY MUSIC INC DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. NEITHER DINKY MUSIC INC., NOR THE DINKY MUSIC ONLINE STORE SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. NEITHER DINKY MUSIC INC., NOR THE DINKY MUSIC ONLINE STORE REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE DINKY MUSIC ONLINE STORE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. NEITHER DINKY MUSIC INC., OR THE DINKY MUSIC ONLINE STORE ENDORSES OR MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY THIRD PARTY SITES YOU MAY LINK THROUGH THE DINKY MUSIC ONLINE STORE, WHICH LINKS ARE PROVIDED FOR CONVENIENCE ONLY. NEITHER DINKY MUSIC INC., NOR THE DINKY MUSIC ONLINE STORE MAKES ANY REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND NEITHER SHALL HAVE ANY RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT. IN NO EVENT SHALL DINKY MUSIC INC., OR THE DINKY MUSIC ONLINE STORE OR THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DINKY MUSIC INC., OR THE DINKY MUSIC ONLINE STORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU. YOUR USE OF THE DINKY MUSIC ONLINE STORE IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE ONLINE STORE, ITS CONTENT OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DINKY MUSIC ONLINE STORE.

• Contact

By mail:

Dinky Music Inc.
402 E Princeland Ct #5,
Corona, CA 92879
By phone: (951) 278-9252
By email: CustomerService@DinkyMusic.com
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