MusicBuilder Live
TERMS & CONDITIONS


These terms of use and conditions (“Terms & Conditions”) are between you and Matrix Productions, Inc. (“Matrix Productions” or “we”). These Terms of Use govern your use of the website at MusicBuilder Live (the “Site”) and the terms and conditions of sales made through this Site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this Site agree that access to and use of this Site is subject to these Terms & Conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Term
These Terms & Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms & Conditions, or any part of them, may be modified or terminated by Matrix Productions without notice at any time, for any reason. Your continued use of the Site is subject to the then current Terms & Conditions in effect. The provisions relating to Copyrights, Trademark, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.

Participation Disclaimer
Matrix Productions does not and cannot review all communications and material posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Matrix Productions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Matrix Productions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Matrix Productions in its sole discretion.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Matrix Productions or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Typographical Errors
We attempt to describe the products and services featured on this Site as accurately as possible. However, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, Matrix Productions shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Matrix Productions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Matrix Productions shall issue a credit to your credit card account in the amount of the charge.

Intellectual Property
We take custom orders for our products. In such instances, you may upload to our Site ideas, graphics or other materials (“User Submitted Content”) for a custom product. When You provide Us with User Submitted Content, you represent and warrant that you have all necessary rights and licenses to provide to Us the User Submitted Content and for us to manufacture and sell to you a product bearing your User Submitted Content. You agree that you are solely responsible for any User Submitted Content you give to Matrix Productions and that you, and not Matrix Productions, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Matrix Productions. The collective work includes works that are licensed to Matrix Productions. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Matrix Productions or purchasing products through the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Matrix Productions or to purchase products through the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Matrix Productions. You further agree not to change or delete any proprietary notices from materials downloaded from the Site. 2018 © Matrix Productions. ALL RIGHTS RESERVED.

All trademarks, service marks and trade names of Matrix Productions used in the Site are registered or common law trademarks of Matrix Productions or its suppliers.

Warranty Disclaimer
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED BY MATRIX PRODUCTIONS "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY STATED HEREIN, MATRIX PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON OUR SITE. MATRIX PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS AND SERVICES SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MATRIX PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MATRIX PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING AND PURCHASING PRODUCTS AND SERVICES FROM THIS SITE, YOU AGREE THAT IN NO EVENT SHALL MATRIX PRODUCTIONS, ITS PARENTS AND SUBSIDIARIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD. THIS PROVISION DOES NOT AFFECT ANY WARRANTIES THAT MAY BE PROVIDED BY THE PRODUCT’S MANUFACTURER.

Limitation of Liability
IN NO EVENT SHALL MATRIX PRODUCTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE PURCHASE OF PRODUCTS THROUGH THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE 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 THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MATRIX PRODUCTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MATRIX PRODUCTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE OR RESULT FROM (I) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR VIOLATION OF THESE TERMS & CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, REPRESENTATION, OR WARRANTY MADE HEREIN; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PROPERTY RIGHT, OR PRIVACY RIGHT; AND (IV) YOUR NEGLIGENCE OR BREACH OF ANY AGREEMENT WITH OUR SUPPLIERS. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION OF THESE TERMS & CONDITIONS AND YOUR USE OF THE SITE.

Third-Party Links
In an attempt to provide increased value to our visitors, Matrix Productions may link to websites operated by third parties. However, even if the third party is affiliated with Matrix Productions, Matrix Productions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Matrix Productions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Matrix Productions seeks to protect the integrity of its Site and the links placed upon it, and therefore, requests feedback on its Site and sites that link to the Site as well (including if a specific link does not work).

Prices and Billing Information
All prices listed on the Site are subject to change at any time and without notice. Orders will be processed using a third party vendor, PayPal. Matrix Productions has no control over PayPal, and therefore, disclaims all responsibility over the use and control of your PayPal account information, including any unauthorized disclosure of your PayPal account information.

Shipping
The price of shipping is calculated at the time of checkout. Orders placed for delivery outside the lower forty-eight states will be determined on an individual basis, with Matrix Productions reserving the right to cancel any such order. All orders typically ship within two (2) business days from receipt of payment.

Cancellation and Return Policy
We accept returns for any reason within thirty (30) days from the date of the order. All returns must be unused and in new condition. You are responsible for return shipping. If you are dissatisfied with your order, we encourage you to contact us and provide us with feedback. This will help us refine our product offerings.

Incorrect or Damaged Orders
If the product you ordered is not the product that you receive, Matrix Productions will reship the order to you for no additional charge. To report an incorrect order, please contact us from our Help page. Please save the product that you received. We may require you to return it to us.

Freight shipments should be inspected carefully while the delivery driver is present. It is your responsibility to note any damage or shortage on the bill of lading before signing off on delivery. Please report the damaged or missing items to Matrix Productions. If there is significant damage to a freight shipment, please note "damaged - refused" on the bill of lading and refuse the delivery. Please contact us for a reshipment. It is your responsibility to note any damage/shortage at the time of delivery. Claims made on freight bills that are signed clear (without damage) will be denied.

Notice
Matrix Productions may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Matrix Productions. You may contact our customer service department anytime by email is from our Help page.

Miscellaneous
These Terms & Conditions comprises the entire agreement between you and Matrix Productions with respect to your use of the Site and products purchased through the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms & Conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, without regard to the choice of law provisions of that State. Any claim relating to these Terms & Conditions must be brought within one year of the date on which the claim arises. Any dispute between the parties relating to these Terms & Conditions shall be resolved only in the Iowa District Court for Linn County or the United States District Court for the Northern District of Iowa (Cedar Rapids Division). In the event that any provision of these Terms & Conditions becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, these Terms & Conditions shall continue in full force and effect without said provision. You agree that money damages would not be a sufficient remedy for breach of these Terms & Conditions and Matrix Productions shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity. No waiver of any term in these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term.

This Site is intended for persons at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Matrix Productions will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.


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