Duke City Sound - Barbershop Shop
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Introduction Use of this Site

Site Security Order Acceptance

Pricing and Content Information Quantity Limits & Dealer Sales

Export Policy Copyrights and Trademarks

User Reviews, Feedback, Submissions Marketplace

Video, Use of Widgets Available on Our Site

Colors Indemnification

Termination Disclaimer

Limitation of Liability Baby Connection

Privacy General

DMCA Notice Changes to the Duke City Sound Terms of Use

Introduction

Welcome to the http://www.dukecitysound.org Barbershop Shop. This Site is provided by Duke City Sound as a service to our followers. Please review the following basic rules that govern your use of the http://www.dukecitysound.org site. Please note that your use of the http://www.dukecitysound.org Barbershop Shop constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. http://www.dukecitysound.org Barbershop Shop reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.
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Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. http://www.dukecitysound.org Barbershop Shop does not knowingly collect personal information about children under the age of 13 without prior parental consent. Except for the members of our chorus, children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the http://www.dukecitysound.org Barbershop Shop. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the http://www.dukecitysound.org Barbershop Shop or any related software. All software used on http://www.dukecitysound.org Barbershop Shop is the property of Duke City Sound or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the http://www.dukecitysound.org Barbershop Shop is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Duke City Sound's endorsement, sponsorship or recommendation of the third party, its information, products or services. Duke City Sound is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
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Site Security

You are prohibited from violating or attempting to violate the security of the Duke City Sound WebSite, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Duke City Sound will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from http://www.dukecitysound.org Barbershop Shop on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
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Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
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Pricing and Content Information

While Duke City Sound strives to provide accurate pricing information, pricing or typographical errors may occur. Duke City Sound cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Duke City Sound shall have the right, at Duke City Sound's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Duke City Sound may, at Duke City Sound's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We do our best to provide you with great values on the http://www.dukecitysound.org Barbershop Shop. However, sometimes a price online does not match the price at one of our performances. In these cases the price at a performance in all likelyhood will be less than the online price. In which case, it may better suit you to come to our performances for the best price available.

Duke City Sound does not price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.

Merchandise Content: Duke City Sound attempts to be accurate in its product descriptions. However, Duke City Sound does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

Objectionable Content: You understand that by using the http://www.dukecitysound.org Barbershop Shop or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the http://www.dukecitysound.org Barbershop Shop and any service at your sole risk and that Duke City Sound and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
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Quantity Limits and Dealer Sales

Duke City Sound reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Duke City Sound also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Duke City Sound for the purpose of engaging in a commercial sale of that same product(s) with a third party.
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Export Policy

You acknowledge that the purchased goods licensed or sold on the http://www.dukecitysound.org Barbershop Shop, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the http://www.dukecitysound.org Barbershop Shop, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
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Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Duke City Sound, one of its affiliates or by third parties who have licensed their materials to Duke City Sound and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Duke City Sound and is also protected by U.S. and international copyright laws.

Duke City Sound and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Duke City Sound's or any third party's intellectual property rights.

The Duke City Sound names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Duke City Sound. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
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User Reviews, Feedback, Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Duke City Sound on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Duke City Sound a royalty-free, irrevocable, transferable right and license to use the Comments however Duke City Sound desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.

Duke City Sound will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Duke City Sound is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Duke City Sound does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Duke City Sound the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Duke City Sound and its affiliates for all claims resulting from any Comments you submit. Duke City Sound and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
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Video Ratings

Duke City Sound participates in the Motion Picture Association of America (MPAA) ratings system. MPAA ratings are placed on video show packaging to let you know the nature of the content and the ages for which the movie is appropriate. You can find this information on the item description page for the movie, and you can also learn more by going to the Guide to Movie Ratings posted on this site. Videos provided by the http://www.dukecitysound.org Barbershop Shop will either be rated G for general audiences or PG for parental guidance.
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Use of Widgets Available on Our Site

As part of our Site, there may be links available to you for use and display on your website or personal page (the "Widgets"). We grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of these Terms of Use, solely for purposes of facilitating referrals from your site or personal page to the http://www.dukecitysound.org Barbershop Shop, to display Widgets on your site. Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or in a manner that we deem unacceptable for any reason.

Except for the license granted herein, you do not obtain any rights under these Terms of Use in any intellectual property, including, without limitation, any intellectual property with respect to the Widgets, link formats, technical specifications, guidelines or graphical artwork, or with respect to the http://www.dukecitysound.org domain name. For avoidance of doubt, the foregoing license does not grant you any right to use any Duke City Sound trademarks, service marks, trade names, domain names, trade dress or other proprietary logo or indicia (collectively "Trademarks") except as such Trademarks may be included by us within the default configuration of a Widget.

In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other information obtained by you from us ("Widget Content") only in a lawful manner and only in accordance with the terms of these Terms of Use; (b) not modify or alter Widgets; (c) not sell, redistribute, sublicense or transfer any Widget Content; and (d) not use or display Widgets or any Widget Content in a manner intended to send sales to any site other than the http://www.dukecitysound.org Site.

You will not display Widgets on any sites or pages that:
  • Promote sexually explicit material
  • Promote violence or hate toward any persons or groups;
  • Promote illegal activities;
  • Promote alcohol, tobacco, gambling/lottery in any way;
  • Promote the use of pyramid, "ponzi", or similar investment schemes;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
  • Contain blogging of any form;
  • Include "Duke City Sound" or variations or misspellings thereof in their domain names;
  • Otherwise violate intellectual property rights of Duke City Sound or its suppliers; or
  • Disparage Duke City Sound, Duke City Sound affiliates, or their suppliers;
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Colors

We have made significant efforts to accurately display the colors of our products that appear on the http://www.dukecitysound.org Barbershop Shop. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
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Indemnification

You agree to defend, indemnify and hold harmless Duke City Sound and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the http://www.dukecitysound.org Barbershop Shop or any breach by you of these Terms of Use.
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Termination

These Terms of Use are effective unless and until terminated by either you or Duke City Sound. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Duke City Sound also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Duke City Sound's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Duke City Sound, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Pricing and Content Information," "Quantity Limits," "Copyrights and Trademarks," "User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer," "Limitation of Liability," "Privacy" and "General."
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Disclaimer

THIS SITE IS PROVIDED BY HTTP://WWW.DUKECITYSOUND.ORG ON AN "AS IS" AND "AS AVAILABLE" BASIS. HTTP://WWW.DUKECITYSOUND.ORG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HTTP://WWW.DUKECITYSOUND.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CAPS[http://www.dukecitysound.org] DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CAPS[http://www.dukecitysound.org] WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. HTTP://WWW.DUKECITYSOUND.ORG ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY HTTP://WWW.DUKECITYSOUND.ORG.

PHARMACY AND MEDICAL CONTENT: THE DRUG INFORMATION AND INTERACTION CHECKER PROVIDED IN THE PHARMACY AREA OF THIS SITE IS PROVIDED BY GOLD STANDARD MULTIMEDIA. ALL OTHER MEDICAL CONTENT ON THE SITE IS PROVIDED BY THE PRODUCT SUPPLIER, AND NOT BY HTTP://WWW.DUKECITYSOUND.ORG. HTTP://WWW.DUKECITYSOUND.ORG AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL HEALTH CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT HTTP://WWW.DUKECITYSOUND.ORG AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.

HTTP://WWW.DUKECITYSOUND.ORG AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT IS FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT IS INTENDED TO SUPPLEMENT, NOT SUBSTITUTE FOR, THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. SUCH CONTENT DOES NOT COVER ALL POSSIBLE SIDE EFFECTS OF ANY NEW OR DIFFERENT HEALTH PROGRAM. CONSULT YOUR MEDICAL PROFESSIONAL FOR GUIDANCE BEFORE CHANGING OR UNDERTAKING A NEW DIET OR EXERCISE PROGRAM. ADVANCE CONSULTATION WITH YOUR PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, NURSING, OR HAVE HEALTH PROBLEMS.
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Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HTTP://WWW.DUKECITYSOUND.ORG OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HTTP://WWW.DUKECITYSOUND.ORG WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HTTP://WWW.DUKECITYSOUND.ORG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HTTP://WWW.DUKECITYSOUND.ORG BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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Privacy

You acknowledge that any personal information that you provide through this Site will be used by http://www.dukecitysound.org in accordance with Duke City Sound's Privacy Policy. If you purchase an item on http://www.dukecitysound.org sold by a Marketplace Retailer, http://www.dukecitysound.org shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to fulfill and ship your order, process returns and provide customer service. Duke City Sound requires Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace Retailer's Marketplace Privacy Policy which can be found on that Marketplace Retailer's Retailer Information page.
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General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Duke City Sound to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Duke City Sound's rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under NM law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of NM and you consent to the exclusive personal jurisdiction of such courts.
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DMCA Notice

Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Duke City Sound to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Duke City Sound's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Duke City Sound's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Duke City Sound's Designated Agent that includes the following:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Duke City Sound to locate the material;
  • Information reasonably sufficient to permit Duke City Sound to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Duke City Sound's Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Duke City Sound
Post Office Box 20904
Albuquerque, NM 87154-0904

By e-mail:
info@dukecitysound.org

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Duke City Sound shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Duke City Sound, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Duke City Sound's Designated Agent that includes the following:
  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Duke City Sound receives a valid counter notification, it shall provide the complaintant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Duke City Sound has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Duke City Sound's system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Duke City Sound, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
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Changes to the Duke City Sound Terms of Use

Please check our Terms of Use periodically for changes.
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Website last reviewed November 18, 2009
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