These Website Terms of Service were last updated on, and are effective as of, February 2, 2018.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS OF SERVICE AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.
1.1 Purpose. All Media Supply LLC (collectively, the “Company,” “we,” “us,” or “our”), operates this website located at www.AllMediaSupply.com and related webpages and content (collectively the “Site”), as well as the web-based services platform (the “Service”) that is accessible through the Site, for its customers and other permitted users. Among other things, the Service allows customers to search our stock, place orders, have orders delivered to their customers directly and manage the Customer’s accounts with us to deal, for example, with the return of Goods (as defined below) more efficiently. We’ve worked hard to give you the essential information here and elsewhere on our Site to get you comfortable with our Site and to make it useful to you. These Website and Platform Terms of Service (the “Terms of Service”) help us to provide you with the services, information, other content and features available through our Site, and govern your use and activity on this Site.
1.2 Changes to Terms of Service. These Terms of Service are applicable to you upon your accessing the Site, or completing the registration or ordering process or using the Service. These Terms of Service, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms of Service, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms of Service since your prior visit to this Site.
1.3 Definitions. The following capitalized terms used in these Terms of Service shall have the meanings noted below:
1.3.1 “Authorized User” means those employees or agents of the Customer who are authorized by the Customer to use the Service;
1.3.2 “Customer” a person or entity that is authorized by us to use the Service.
1.3.3 “Force Majeure Event” means any act or event preventing our performance of our obligations under this Agreement, which is beyond our reasonable control;
1.3.4 “Goods” means the books, DVDs, CDs, Vinyl and any other goods as set out in the Service; and
1.3.5 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
2.1 Subject to your agreement to, and full compliance with, these Terms of Service, the Company grants you a limited, personal, revocable, non-transferable and non-exclusive right (the “License”) to use the Site in accordance with these Terms of Service.
2.2 You may only the Site and Service for lawful purposes. In particular, you may not use the Site or Service:
2.2.1 in any way that breaches any applicable law or regulation;
2.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.2.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
2.2.4 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and
2.2.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.3 The Site and Service are made available as a convenience to our Customers and other Authorized Users. We may terminate or suspend your access to the Site or Service, without cause or notice and at any time. In addition, we provide no assurance that access to the Site or Service will be available on an uninterrupted basis or that they will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site and Service, and we recommend that you use appropriate virus protection software when using the Internet.
2.4 Our existing Customers will be granted access to the Service and we will issue usernames and passwords to other Authorized Users as set out below. All prospective Customers, who wish to have access to the Service, will need to download the account application form from the Site and send the completed form to us either by email to firstname.lastname@example.org or by regular mail to 800 International Pkwy, Sunrise, FL 33325 U.S.A. If the Customer’s application is successful, we will create an account for the Customer
2.5 We will issue usernames and passwords to Authorized Users notified by the Customer to us. The Authorized User’s username and password are personal to the Authorized User. The Customer and its Authorized Users will maintain the confidentiality and security of user names and passwords and not share them with anyone else.
2.6 The Customer is solely responsible for any loss, damage or claim that we, it, or the Authorized User may incur as a result of Customer’s or the Authorized User’s failure to keep user names and password secure. If the Customer knows, or has reason to believe that the Authorized User’s password has been compromised, the Customer must notify us immediately. We also recommend that the in such an event that the password be changed immediately via the “user manager” feature.
Our standard terms and conditions of sale in force from time to time, which can be found here, or such other written agreement of trading terms as we may have entered into with the Customer shall apply to all purchases of Goods by the Customer from us under this Agreement. If there is any inconsistency between our standard terms and conditions of sale (or such other written agreement with the Customer) and the terms of these Terms of Service, these Terms of Service shall prevail.
This Site, the Service and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other Intellectual Property Rights laws. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Site or any part of the Service. Further, you may not reproduce all or any portion of the Site or the Service.
5.1 The Company strives at all times to maintain the accuracy of information maintained on this Site and through the Service, including pricing information and Service details. However, occasionally pricing or other information errors may occur on this Site. In the event that a product or service that is available through this Site is mistakenly listed at an incorrect rate or other price or with other incorrect information, the Company reserves the right to refuse or cancel any orders placed for any such product or service listed at the incorrect rate price or based on incorrect information.
5.2 In addition, the Company assumes that when you are submitting information through the Site that such information is accurate and is on your own behalf, and the Company is not responsible for information you have submitted for or on behalf of someone else, with or without this party’s consent.
THIS SITE, THE SERVICE AND ITS CONTENTS IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS SITE), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE, THE SERVICE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICE OR THE SERVER THAT MAKES THE SITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. WE PROVIDE NO WARRANTIES FOR SERVICES NOT PROVIDED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ALL INFORMATION CONTAINED ON ANY PAGE OF THIS SITE OR THROUGH THE SERVICE IS MADE AVAILABLE WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ANY OTHER AUTHORS OR DISTRIBUTORS THEREOF ARE RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE OR OPINIONS ON SPECIFIC FACTS OR MATTERS, AND ACCORDINGLY ASSUME NO LIABILITY WHATSOEVER IN CONNECTION WITH ITS USE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND ITS RELATED, AFFILIATED AND SUBSIDIARY COMPANIES, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS SITE OR ANY SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS SITE, OR THE PERFORMANCE OR USE OF THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, OUR MAXIMUM TOTAL LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE SHALL BE LIMITED TO THE PRICE PAID BY YOU, IF ANY, FOR THE RELEVANT GOODS GIVING RISE TO SUCH LIABILITY.
We will not be liable for any failure to perform our obligations under these Terms of Service, the Site or the Service which is caused by any Force Majeure Event. If there is an open order with a Customer, we will use reasonable efforts to inform the Customer as soon as reasonably practicable of the occurrence of a Force Majeure Event and will use reasonable efforts to perform our obligations to the Customer notwithstanding that Force Majeure Event.
11.1 Assignment. The Company may assign its rights and duties under these Terms of Services to any party at any time without notice to you.
11.2 Governing Law. These Terms of Service and all matters arising from or connected with them, the Site or Service shall be governed by Florida law, without regard to its conflicts of laws principles.
11.3 Jurisdiction. Any dispute between the Customer or any other user of the Site or Service and us arising out of or in connection with the Site or the Service, including disputes relating to non-contractual obligations, will be subject to the exclusive jurisdiction of the state and federal courts in Florida.
11.4 Contacting Us. If you have any questions regarding these Terms of Service, the Site or the Service, you may contact us at the following address: 800 International Pkwy, Sunrise, FL 33325 U.S.A.; or by email at: email@example.com.