Terms Of Sale

 

1. U.S. Sales Only Purchases from the Vexar Entertainment Store are available to you only in the United States, its territories, and possessions, and are not available in any other location. You agree not to use or attempt to use the Vexar Entertainment Store from outside of the available territory. Vexar Entertainment, LLC may use technologies to verify such compliance.

2. Sales to End Users Only The Vexar Entertainment Store sells products to end user customers only.

3. Refund Policy Due to the nature of music sales and downloads of music, all Sales are final.

4. Payment Methods The Vexar Entertainment Store accepts payment through your PayPal account. If your PayPal account is being used for a transaction, Vexar Entertainment, LLC may obtain a preapproval from PayPal for an amount up to the amount of the order. Billing to your PayPal account occurs at the time of purchase.

PayPal accepts numerous payment methods including credit cards and checking accounts. Please visit their site to determine which payment methods PayPal currently accepts.

Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use your PayPal account for your transaction and you should contact PayPal for further instructions.

5. Billing When using your PayPal account, your order may be authorized and billed in gradual increments during one purchase when click the "Buy Now" button. Depending on the size of your order, this may appear as multiple orders and billings on your PayPal account.

When using the Shopping Cart, you will have one order that authorizes and bills as a single transaction.

6. Sales Tax Vexar Entertainment, LLC maintains a presence in Tennessee and Arkansas. Therefore, sales to these jurisdictions will likely include sales tax depending on the type of item being purchased. We will only charge tax on downloaded digital goods in states where downloaded digital goods are taxable. We will charge sales tax for all other tangible taxable items. Vexar Entertainment Store transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased digital content is downloaded, the new tax rate in effect at the time of download will apply. No customers are eligible for tax exemptions for transactions made at the Vexar Entertainment Store.

7. Prices Vexar Entertainment, LLC strives to bring you quality music at the lowest price. Your purchases support the artists and encourages artists to produce music through independent record labels. Your total price will include the price of the products plus any applicable sales tax which is charged by the location of the billing address. Vexar Entertainment, LLC reserves the right to change prices for products offered at the Vexar Entertainment Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

8. Content Vexar Entertainment, LLC reserves the right to change content options without notice. On rare occasions, a product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product.

9. Usage Rules Your use of any Products or Content purchased from the Vexar Entertainment Store is conditioned upon your prior acceptance of the Terms of Service. Provided that you comply with the Terms of Service and these Terms of Sale, Vexar Entertainment, LLC hereby grants to you a limited, non-exclusive, non-transferable, and revocable license to enter, access and use the Vexar Entertainment Store and to use the Content, subject at all times to the Use Terms. "Use Terms" are licensing and use rules that a copyright holder sets with respect to its content and which govern the use of such Content.

The Vexar Entertainment Store and all materials contained thereon, including but not limited to the Content, are only for your personal, non-commercial use and you agree that you are purchasing and/or using the Content for your own personal use for entertainment purposes. Unless specifically authorized by the copyright holder in the Use Terms, you may not: play and then re-digitize any Content, or upload the Content to the Internet; use the Content in conjunction with any other third-party content; use any Content for promotional purposes; publicly perform the Content; sell or offer to sell the Content, or redistribute the Content including but not limited to, posting any Content for auction on any Internet auction site. All Content is sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the Vexar Entertainment Store or in these Terms of Sale.

Further, you agree to comply with all applicable laws in your use of the Content.

All rights in and to the Vexar Entertainment Store and the Products and Content not specifically granted in these Terms of Sale or Useage Terms are hereby reserved by Vexar Entertainment, LLC, its licensors and the copyright holders. Any CD burning or exporting capabilities as permitted in the Use Terms are solely an accommodation to you and shall not constitute a grant or waiver of any rights by Vexar Entertainment, LLC, its licensors, or the copyright holder(s). No right, title or interest in any downloaded Content, the Vexar Entertainment Store or software is transferred to you as a result of any downloading or copying or otherwise. Any use of the Content other than as permitted in these Terms of Sale and the Use Terms is a violation of the copyright in such Content under applicable laws, and is prohibited. You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise tamper with the Content, the software, or circumvent any technology designed to enforce the Use Terms.

Vexar Entertainment, LLC and the copyright holders reserve the right to enforce the Terms of Sale and the Use Terms with or without notice to you.

10. Ownership of Intellectual Property All Content on the Vexar Entertainment Store and Vexar Entertainment's web site is protected by copyright under U.S. law, international conventions, and other laws. You cannot use the Content on either the Vexar website or at the Vexar Entertainment Store except as specified herein. Any unauthorized use of the Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Vexar Entertainment, LLC is an independent record label offering quality music by artist wanting to share their creations with you. When you illegally share such Content, you are in effect stealing from not only Vexar Entertainment, but the artists themselves. These artist work hard to create quality Content and hope you enjoy listening to the music they create. When you illegally share the Content in violation of copyright laws, you make it much more difficult for the artists themselves to continue offering their creations. Don't do it. If someone likes the Content, encourage them to purchase the product from the Vexar Entertainment Store so that we, and more importantly - the artists, can continue to offer quality music.

11. Age Limitations The Vexar Entertainment Store is only available to persons eighteen (18) years of age and older. By using the store, you are representing to Vexar Entertainment, LLC that you are at least eighteen (18) years of age. Because the Vexar Entertainment Store is not directed to children under the age of 13, we cannot offer the Content to such individuals. If you are under the age of 13, you may not create an account with the Vexar Entertainment Store, you shall not be eligible to enter any contests or sweepstakes or to participate in any promotions, and you are requested not to provide any personal information to us.

12. Warranties and Disclaimers of Warranties THE VEXAR ENTERTAINMENT STORE, THE VEXAR WEB SITE, THE CONTENT, AND THE DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VEXAR ENTERTAINMENT, LLC AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE VEXAR ENTERTAINMENT STORE, THE CONTENT, OR THE DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE VEXAR ENTERTAINMENT STORE, THE DOWNLOADS, YOUR USE THEREOF, AND THE CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND VEXAR ENTERTAINMENT'S AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE VEXAR ENTERTAINMENT STORE, THE VEXAR WEB SITE, THE CONTENT, AND THE DOWNLOADS WILL BE, AT VEXAR ENTERTAINMENT'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE DOWNLOADS OR A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE DOWNLOAD OR AN AMOUNT OF FIFTY DOLLARS ($50.00) WHICH SHALL BE THE LIMIT OF ITS AND THEIR LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT.

13. Other Terms and Conditions

Vexar Entertainment, LLC reserves the right to change the terms and conditions of sale at the Vexar Entertainment Store at any time. Customers purchase products subject to the Terms of Sale in effect at the time and are encouraged to review the Terms of Sale on a periodic basis for modifications.

By using the Vexar Entertainment Store you acknowledge and agree that your electronic submissions constitute your agreement and intention to be bound by such Terms of Sale and Terms of Use and to pay for any purchases that are made in association with your account. Your agreement and intention to be bound by electronic submissions applies to all transactions you enter into on Vexar Entertainment Store and its web site, including without limitation, notices of cancellation, policies, contracts, and applications.

All transactions on the Vexar Entertainment Store are governed by Tennessee law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Tennessee upon electronic transmission to the recipient. No Vexar Entertainment, LLC employee or agent has the authority to vary any of the Store's policies or the terms and conditions governing any sale.