Terms of Use

Welcome to our site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the chimes.com website.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

All content included in our Web site, such as text, graphics, logos, button icons, images, audio clips and video, is the property of Woodstock Percussion, Inc. or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of www.chimes.com for the sole purpose of placing an order with www.chimes.com or using the Web site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of www.chimes.com is strictly prohibited.

Digital Millennium Copyright Act (DCMA) Compliance Policy

It is our policy to promptly respond to claims of copyright infringement. If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Woodstock Percussion, Inc. identified below and should include the following information:
(a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest,
(b) a description of the copyrighted work that you claim has been infringed,
(c) a description of where the material that you claim is infringing is located on the Site,
(d) your address, telephone number, and e-mail address,
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: products@chimes.com

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. We will terminate access to those users who are repeat infringers.

If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees.

Indemnification

You agree to indemnify, defend and hold us and our directors, officers, staff, partners, agents, employees, contractors, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Service Marks

Products and names mentioned on the Site may be trademarks of their respective owners

Limited Right to Use

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Woodstock Percussion, Inc. reserves complete title and full intellectual property rights in any Content you download from this website. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site either temporarily or permanently. We may make changes to the features, functionality or content of the Site at any time. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components.

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product descriptions, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order ). We apologize for any inconvenience this may cause you.

We have done our best to display as accurately as possible the colors of products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Registration

If you register on the Site, you agree to provide us with accurate, complete registration information. Your registration must be done by using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person to log into the Site using your registration or (b) access through a single name being made available to multiple users on a network, You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorized use. You accept responsibility for all activities that occur under your account or password. Woodstock Percussion, Inc. sells products made for children, but it is our intention to only sell such products to adults.

Disclaimer and Limits

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT AS OTHERWISE REQUIRED BY LAW. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION ON THE SITE.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. We welcome your comments regarding this Site. However, any and all remarks, feedback, notes, suggestions, ideas, graphics, or other information communicated by you to us through the Site collectively, the "Submission") will forever be the exclusive property of Woodstock Percussion, Inc. Your submission of any such comments shall constitute an assignment to Woodstock Percussion, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments.

Woodstock Percussion, Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Woodstock Percussion, Inc. products, services or operations.

Without limitation, Woodstock Percussion, Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Woodstock Percussion, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Third-Party Services

The Site contains links to other web sites. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN OR THE PRODUCTS OR SERVICE PROVIDED ON SUCH WEB SITES, AND SUCH WEB SITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that Woodstock Percussion, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Information and Press Releases

THE SITE CONTAINS INFORMATION AND PRESS RELEASES ABOUT US. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION OR ANY PRESS RELEASES. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Electronic Communications

You agree to receive communications from Woodstock Percussion, Inc. electronically. Woodstock Percussion, Inc. will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Woodstock Percussion, Inc. provides to you electronically satisfy any legal requirements that such communications be in writing.

Termination

Woodstock Percussion, Inc. may, in its sole discretion, terminate or suspend a user's access to all or part of the site for any reason, or no reason whatsoever including, without limitation, breach of the Terms of Use.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

International Use

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Miscellaneous

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement is the complete agreement and supersedes all prior or contemporaneous understandings, negotiations and communication, whether oral or written, with respect to the subject matter hereof. Only Woodstock Percussion, Inc. may modify this Agreement, and it may make modifications at any time. Modifications will be in effect upon posting to the Site.

Last updated May 2012