Welcome to the Allegro Music Center website located at www.allegromusiccenter.com (the "Site"), a website owned and operated by Hi Key Music, Inc.
- LICENSES AND RESTRICTIONS
- RISK OF LOSS
- PRODUCT DESCRIPTIONS
- AGE OF USERS
- TERMINATION OF USAGE
- PASSWORD AND ACCOUNT SECURITY
- DISCLAIMERS AND LIMITATION OF LIABILITY
- APPLICABLE LAW; JURISDICTION
- DISPUTE RESOLUTION
- CLAIMS OF COPYRIGHT INFRINGEMENT
I. LICENSES AND RESTRICTIONS
Allegro Music Center grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the contents of the Site ("Content"). Allegro Music Center further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Allegro Music Center, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
- commercially use the Site, the Content or any portion derivative thereof;
- copy or download any User's account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Site or its systems;
- use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose;
- interfere or attempt to interfere with the proper working of the Site;
- bypass any Allegro Music Center measures used to prevent or restrict access to any portion of the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Allegro Music Center;
- use Allegro Music Center name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Allegro Music Center's express written consent (which may include a written agreement signed by an authorized representative of Allegro Music Center). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Allegro Music Center.
Allegro Music Center, Hi Key Music, Inc., or their respective parents, subsidiaries, or affiliates, or third parties from whom Allegro Music Center has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Allegro Music Center and its licensors used on the Site may not be used without prior written consent of Allegro Music Center or its licensor, as the case may be. Without limiting the foregoing, no Allegro Music Center trademark or trade dress may be used in connection with any product or service that is not Allegro Music Center's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Allegro Music Center.
User acknowledges that the Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Allegro Music Center owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act — and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws and regulations.
The price for an item on the Site may differ from the price shown in a User's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Allegro Music Center, Allegro Music Center may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
The products, prices and promotions offered on the Site and in Allegro Music Center stores may differ. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site are quoted in U.S. dollars. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site. In addition, Allegro Music Center and Allegro Music Center Providers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
VI. RISK OF LOSS
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.
VII. PRODUCT DESCRIPTION
The Site attempts to be as accurate as possible. However, Allegro Music Center does not represent or warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. Allegro Music Center may make changes to the information contained on the Site, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted your order). If a User purchases an item from the Site that is not as described on the Site, the User’s sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.
VIII. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our website. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.
IX. TERMINATION OF USAGE
In certain cases, in Allegro Music Center's sole discretion, the Site may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right to use, access or create any account thereon; (ii) that Allegro Music Center refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
XI. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Site account using an old e-mail address, such User will not receive messages from Allegro Music Center about his or her orders and inquiries or other matters).
User accepts full responsibility for all activities that occur within such User's Site account.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided by Allegro Music Center on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Allegro Music Center Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Allegro Music Center nor any Allegro Music Center Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, Content, materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, service, or merchandise provided through the Site; or (iv) that the Site, its servers, or e-mails sent from or on behalf of Allegro Music Center are free of viruses, scripts, trojan horses, worms or other harmful components.
Allegro Music Center does not guarantee the continuous, uninterrupted or secure access to the Site or any related services. The operation of the Site may be interfered with by numerous factors outside the control of Allegro Music Center.
Under no circumstances shall Allegro Music Center or any Allegro Music Center Provider be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Allegro Music Center's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, merchandise, and services available through the Site.
Neither Allegro Music Center nor any Allegro Music Center Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Site or the purchase of any product therefrom, even if Allegro Music Center or any Allegro Music Center Provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XV. APPLICABLE LAW; JURISDICTION
Each of Allegro Music Center and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Miami-Dade County, Florida and waives any objection to the laying of venue of any litigation in said courts.
XVI. DISPUTE RESOLUTION
Alternatively, at Allegro Music Center's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Users. Allegro Music Center reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
XVII. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and 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 notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address
Hi Key Music, Inc.
6869 SW 8th Street
Miami, FL 33144