Terms and Conditions

Terms & Conditions pertain to your use of Side 1 Records website. These Terms and Conditions govern your use of this website, your relationship with us and any orders you submit. Please read them carefully.

Privacy.

Please read our Privacy Policies as they govern your use of this website and our use of information and data.

Intellectual Property.

Side 1 Records, Side 1 and other marks, logos, graphic indicated on our site are trademarks applied for or owned by or licensed to Side 1. All content on this website, including, without limitation, the text, graphics, website design, website structure, icons, and images is the property of or licensed to Side 1 Records and Side 1 Records which owns or licenses the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof. Side 1 Records grants you a limited license to make personal use of this website. The license permits you to download and save a single copy of pages on this website for your own personal and non-commercial use, but any other reproduction, copying, modification, redistribution, or republication of any of the content of this website in any manner without the express written consent of Side 1 Records is strictly prohibited. You are also prohibited from using this website or any content for any resale or commercial purpose or any exploitation of any part of the content of this website for the benefit of any other merchant.

Acceptance and Delivery.

We shall not be responsible for any delay in our performance beyond our control such as weather, disasters, and such uncontrollable events. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are nominal at the time of purchase. Our acceptance of any order from you is expressly conditional upon the terms and conditions set forth herein. See Shipping Information for further details.

Payment Terms.

Payment shall be due and payable at the time of purchase. We agree and acknowledge that you tender payment for each order and we are authorized to charge your credit card or other authorized charge account.

Warranty and Risk of Loss.

We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any new merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself, unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee for new unopened merchandise, not to exceed twenty-five percent (25%) for returned merchandise. Title to all merchandise passes to you at and you bear all risk of loss from the time the merchandise is loaded onto common carrier to be shipped to you.

Except as expressly provided in this agreement, we make no other warranties, express or implied, or with respect to any approvals, characteristics, certifications, ingredients, benefits, uses, standards, quality or grade of any merchandise, or arising by custom or trade usage and, specifically, make no warranty of merchantability or fitness for a particular purpose and any warranties, conditions, representations, indemnities and guarantees with respect to the merchandise are hereby superceded, excluded and disclaimed. The express warranty contained in this paragraph constitutes the sole and exclusive warranty made by us and is in lieu of all other warranties. In no event shall we be liable for any consequential, indirect, special, punitive or incidental. Our aggregate liability is limited to the amount actually paid by you.

Product Descriptions.

We periodically add, change, modify and update out catalogs and website, including without limitation these Terms of Use. We try to be as accurate as possible, but make no warranties or representations that (a) the content, including product descriptions and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade. We assume no liability with respect to any of the forgoing. If a product purchased is not as described or expected, your sole remedy is to return it in new, unopened condition.

Nonwaiver of Defaults.

Each shipment made under any order shall be treated as a separate transaction, but in the event of any default by you, we may decline to make further shipments without in any way affecting our rights under such order. If, despite a default by you, we elect to continue to make shipments, or accept further orders from you, such action(s) shall not constitute a waiver of any default by you, or in any way affect our legal or equitable remedies for any such default, or of any default at any prior or subsequent time. Any refund, credit, gift certificate or discount due you may be offset against amounts owed to us.

Dispute Resolution.

You agree that any action brought by you to resolve any claim, dispute or controversy of any nature arising out of or related to any order or transaction between you and us or any merchandise sold or distributed by us or any policy, statement, representation, advertisement, promotion, offer, customer information of ours, or these Terms of Use shall be brought in a court of competent jurisdiction in Pinellas County, Florida and you hereby consent to the exclusive jurisdiction of such courts. All such claims, disputes or controversies shall be resolved individually and not as part of any class action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by you. <br><br><br>

E-Commerce Reselling.

To protect and preserve the goodwill and integrity of Side 1 and Side 1 Records brand, our customers’ satisfaction, and our quality assurance, resale of our products on third-party e-commerce platforms by you, your affiliates or any other reseller is prohibited unless we consent to such resale agreement in writing. Any such resale activity without our prior written authorization will be regarded by us as, infringement or misappropriation of our trademarks, trade dress, copyrights, and other intellectual property and a deceptive trade practice, and we reserve the right to exercise all rights, remedies and measures available in the event of a violation of this paragraph.

Electronic Communications.

By providing us with your email address or telephone number, send us emails or visit our website or social media channels, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you by telephone, email, social media or by posting notices on our website. You agree that all notices, disclosures, agreements or other communications we provide electronically satisfy any legal requirement that such communications be in writing.

User-Generated Content.

You may submit content including, but not limited to, textual material, photographic images, graphics, artwork, drawings, written materials, audio, video, plans, patterns, designs, ideas, concepts and other creative material (the “Content”) on our website or social media (the “Site”) subject to these terms of use, our privacy policy and the Content Contributor Terms applicable to each submission of Content. By submitting Content, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant to us and our affiliates, representatives, and assigns a non-exclusive, fully-paid, royalty-free, transferable, perpetual, worldwide license to display, publicly perform, distribute, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your submitted Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter developed, for any purpose. You represent and warrant that the Content you post or submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that you will indemnify us for all claims resulting from Content you supply. We take no responsibility and assume no liability for any Content posted by you or any third party. You understand and agree that we do not necessarily pre-screen or monitor any user Content but may prescreen, monitor or review after initial posting user Content for a variety of reasons, including, without limitation, compliance with these terms. We reserve the right, but have no obligation, to remove or edit Content that violates these terms, but we do not regularly review posted content.

Copyright Infringement Notification Procedure.

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please send our notification of claimed infringement with all of the following information:
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A 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;
• A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your physical or electronic signature