Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fret 12 Productions. The collective work includes works that are licensed to Fret 12 Productions. Copyright 2003, Fret 12 Productions ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fret 12 Productions or purchasing Fret 12 Productions products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fret 12 Productions or to purchase Fret 12 Productions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fret 12 Productions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Fret 12 Productions used in the site are trademarks or registered trademarks of Fret 12 Productions. All other trademarks, service marks and trade names, registered or unregistered, are the properties of their respective owners. Your use of the Fret 12 site does not imply permission to use these trademarks, service marks, and trade names, registered or unregistered, absent express permission to do so.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRET 12 PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Fret 12 Productions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fret 12 Productions does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
FRET 12 PRODUCTIONS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF FRET 12 PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that a Fret 12 Productions product is mistakenly listed at an incorrect price, Fret 12 Productions reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fret 12 Productions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fret 12 Productions shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fret 12 Productions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
COMMUNICATION WITH YOU
Fret 12 Productions may deliver notices or other communications to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fret 12 Productions. Additionally, if you provide your telephone number and signup for mobile alerts, Fret 12 Productions may provide such notices and other communications to you by means of your mobile device. Your carrier's normal messaging and data rates and fees apply. The Site contains services and features that are available to or through certain mobile devices. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices. If you make a purchase in the fret12.com store, your email address will be automatically added to our newsletter email list. If you do not wish to receive emails from FRET12, you can either leave a note for us in the order "comments" section during the checkout process, or select the opt-out option provided in the email you receive from us.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, comment posting, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fret 12 Productions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may only access, view, and use the site personally and for a non-commercial purpose in compliance with these Terms and Conditions. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the website’s content or any digital rights management mechanism, device, or other content protection or access control measure associated with the website or its content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content of the Fret 12 website unless expressly permitted by Fret 12 Productions in writing. The content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the content of the Fret 12 Productions website, including montages, mash-ups and similar videos, wallpaper, desktop themes, and merchandise, unless it is expressly permitted by Fret 12 Productions in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
By establishing an account on our Site, you represent that you are at least thirteen (13) years old. Children under the age of 13 may only create an account on this site with parental consent. A parent who creates an account for his or her children under the age of 13 agrees to comply with these Terms and Conditions on behalf of him- or her-self and his or her minor children that he or she is the parent or legal guardian and has authorized to use the account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with these Terms and Conditions and any and all other Fret 12 Productions rules, policies, notices and/or agreements.
You may terminate your account by logging in on the Fret 12 website and clicking on “My Account.” Within the “My Account” page, a link will be provided to terminate the account. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
Fret 12 Productions does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fret 12 Productions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fret 12 Productions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fret 12 Productions in its sole discretion.
We reserve the right to immediately terminate or place restrictions on your account or your use of the Site without prior notice or liability, if Fret 12 Productions determines in its sole discretion that you have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Fret 12 Productions will notify you promptly if it has terminated or placed restrictions on your account, including a statement as to why action was taken on your account and what steps, if any, you can take to restore access to your account.
You agree that you will not (a) obtain or attempt to obtain any information from the Site; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the site, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the site.
In an attempt to provide increased value to our visitors, Fret 12 Productions may link to sites operated by third parties. However, even if the third party is affiliated with Fret 12 Productions, Fret 12 Productions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fret 12 Productions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fret 12 Productions seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
In some instances, links on the Fret 12 Productions site allow you to share your activities on the Fret 12 Productions site with third party social networking websites. Your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. NOTE: compliance with Fret 12 Productions’s Terms and Conditions does not necessarily mean that the intended use will comply with the terms of service and other agreements on each respective social networking website. PLEASE READ AND REVIEW EACH SOCIAL NETWORKING WEBSITE’S TERMS OF SERVICE AND OTHER AGREEMENTS BEFORE SHARING YOUR ACTIVITIES ON THE FRET 12 PRODUCTIONS WEBSITE WITH ANY SOCIAL NETWORKING WEBSITE. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE OUTSIDE SOCIAL NETWORKING WEBSITES AND THAT FRET 12 PRODUCTIONS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF OUTSIDE SOCIAL NETWORKING WEBSITES.
You agree to indemnify, defend, and hold harmless Fret 12 Productions, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fret 12 Productions products) shall be in the state or federal courts located in Cook County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fret 12 Productions products) must be commenced within one (1) year after the claim or cause of action arises. Fret 12 Productions's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fret 12 Productions may assign its rights and duties under this Agreement to any party at any time without notice to you.