Terms of Service
These Terms of Service are a legal agreement ("the Agreement") between you and 3daudioscapes.com, stating the terms that govern your use of 3daudioscapes.com (the "Service"). Please read the entire Agreement carefully. You must accept and abide by the terms of the Agreement as presented in order to use the Service. Changes, additions, deletions or counteroffers will not be accepted.
3daudioscapes.com may from time to time amend, supplement or modify the terms of this Agreement. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Agreement as amended, you must stop using the Service.
Although 3daudioscapes.com uses commercially reasonable efforts to protect the security of your information, 3daudioscapes.com cannot guarantee that any information sent via the Internet will not be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
On occasion, technical and other problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by 3daudioscapes.com.
Acknowledgement of Ownership. You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the Service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the Service, are owned by Senate Records Inc and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement. You acknowledge and agree that your rights with respect to the Service will be limited by copyright law and you agree to make no use of the Service that would infringe on the copyright in the elements thereof. No portion of the Service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any element thereof, in any manner, and you shall not use the Service or any element thereof to trespass or burden network capacity. UNAUTHORIZED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, 3daudioscapes.com may provide links to certain third-party web sites. You acknowledge and agree that 3daudioscapes.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. 3daudioscapes.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. If you decide to link to any such third-party web sites, you do so entirely at your own risk.
3daudioscapes.com does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time 3daudioscapes.com may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. 3daudioscapes.com does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and 3daudioscapes.com disclaims any liability relating thereto. You are responsible for backing up your own system.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and services delivered to you through the Service are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, all of which are expressly disclaimed to the full extent permissible under applicable law. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall 3daudioscapes.com or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental, punitive, or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, including, without limitation, any errors or omissions in any content, 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 3daudioscapes.com has been advised of or should have known of the possibility of such damages. In no event will 3daudioscapes.com be liable for any damages in excess of the greater of (1) the fees paid by you in connection with your use of the Service during the six month period preceding the date on which the claim arose or (2) $100.
You acknowledge and agree that your submission of information is at your sole risk, and 3daudioscapes.com hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
3daudioscapes.com makes no warranty that any particular software, equipment or other device or system will be compatible with the Products or the Service or that any software, equipment or other device or system using the Service will function in any manner. It is your sole responsibility to ensure that your software, equipment and other devices and system(s) will function correctly with the Products and the Service.
The laws of the State of Georgia, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with 3daudioscapes.com or relating in any way to your use of the Service resides in the courts of the State of Georgia.
You understand and agree that any unauthorized use of the Service (including all elements thereof), the Products, or any related software or materials, would result in irreparable injury to 3daudioscapes.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event 3daudioscapes.com, its affiliates and/or licensors, or the owners of the copyright in any Product available through the Service, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that 3daudioscapes.com, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
By using the Service, you agree to indemnify and hold 3daudioscapes.com, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of the Service, or any action taken by 3daudioscapes.com as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. You cannot sue or recover any damages from 3daudioscapes.com, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information, Product, or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of 3daudioscapes.com's conclusion that a violation of this Agreement has occurred.
Use of this Site
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, 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 Site or any related software. All software used on this Site is the property of 3daudioscapes.com 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 this Site is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of the Site, 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. 3daudioscapes.com 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 3daudioscapes.com on this Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox).
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 and the order information is verified for accuracy. 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.
Pricing and Content Information
While 3daudioscapes.com strives to provide accurate pricing information, pricing or typographical errors may occur. 3daudioscapes.com 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, 3daudioscapes.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, 3daudioscapes.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Merchandise Content: 3daudioscapes.com attempts to be as accurate as possible in its product descriptions. However, 3daudioscapes.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Objectionable Content: You understand that by using this Site 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 Site and any service at your sole risk and that 3daudioscapes.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Senate Records, Inc, operates this Site from its office within the United States. Senate Records Inc, makes no representation that content and materials on this site are legal or appropriate for access or use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
Shipping product overseas
1. Please email us for a shipping quote for orders out of the United States: firstname.lastname@example.org
2. When ordering goods from this site, for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Secure credit card transactions
Diamondigital Media (www.diamondigitalmedia.com)
We never share any information you may share with us with third parties of any kind except where required to do so by United States or international law.
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of 3daudioscapes.com 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) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Senate Records, Inc., P.O. Box 13526, Macon, Georgia 31208. 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 the address listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Senate Records, Inc. that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 3daudioscapes.com to locate the material;
4. Information reasonably sufficient to permit 3daudioscapes.com 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;
5. 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
6. 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.
The contact information provided 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, 3daudioscapes.com 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 3daudioscapes.com, 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 the Designated Agent that includes the following:
1. A physical or electronic signature;
2. 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;
3. 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 3daudioscapes.com receives a valid counter notification, it shall provide the complainant 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 3daudioscapes.com 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 3daudioscapes.com'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 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 3daudioscapes.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.