Welcome to Tian Yin Music, located at www.tianyinmusic.com (the “Site”) and operated by Tian Yin Music, Inc. (“Tian Yin Music”, “we”, “our”, or “us”). The Site enables visitors to the Site ("Visitors") and visitors who are at least eighteen (18) years of age and who register with the Site ("Registrants", “you” or “your”) to view the items for sale, and enables Registrants to purchase such merchandise.
The Site is a copyrighted work belonging to Tian Yin Music. Tian Yin Music grants you the right to use the Site subject to the terms and conditions of use ("Terms of Use") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.
License
Subject to these Terms of Use, Tian Yin Music grants you a limited, royalty-free license to view the materials contained on the Site (the "Materials") and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from Tian Yin Music server. You are not granted any right to use Tian Yin Music trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Tian Yin Music.
Modification
Tian Yin Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Tian Yin Music will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Secured Areas
Your use of any areas of the Site secured by a user name/login screen ("Secured Areas"), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.
Mailings
By submitting your name, email address, and any other personal information to Tian Yin Music, you hereby grant Tian Yin Music, subject to Tian Yin Music's Privacy Policy, a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Tian Yin Music products, services, and news ("Mailings"). The terms and conditions of this Agreement shall apply to all such Mailings.
Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumés, questions or other information communicated to Tian Yin Music through the Site, by facsimile or through the mail (electronic or otherwise) (a "Submission") will forever be the property of Tian Yin Music. Unless otherwise specified in our Privacy Policy, Tian Yin Music will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Tian Yin Music services or operations. Without limitation, Tian Yin Music will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
Site Use Rules
Our Site may only be used for lawful purposes. Tian Yin Music specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:
- Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
- Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
- Deleting or revising any material posted by any other person or entity;
- If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
- Harming minors in any way;
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
- Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.
We do not knowingly collect identifiable information from anyone under thirteen years of age.
Registration and Passwords
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.
Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.
Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, Tian Yin Music does not warrant the accuracy or completeness of the information provided on the Site. Also, Tian Yin Music may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Tian Yin Music or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Tian Yin Music and receive a refund of your purchase price.
Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items on our website may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Tian Yin Music will take one of the following options: (1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.
Commercial Transactions
Purchases. In the event you wish to purchase any of the products in the Site, you will be asked by Tian Yin Music or an authorized third party on Tian Yin Music's behalf to supply certain personally identifiable information, including without limitation, your full name, address and credit card information. You agree to provide Tian Yin Music or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Payment. Your right to any product that is available for purchase through the Site is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your account, in which case all of our obligations hereunder shall terminate.
Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Site. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.
Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Site; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. Furthermore, we do not warrant that any Registrant Content describing products appearing on the Site is correct, accurate, complete, reliable, current or error-free. Please do not rely on such Content in determining whether to purchase a particular item. If a product offered through the Site is not as described by us, your sole remedy is to return it unused.
Returns. If you have purchased a product offered through the Site that you wish to return to us, please email us at CustomerService@tianyinmusic.com.
List Prices
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price.
List Price is a benchmark to compare ourdiscounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.
Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.
Please contact the manufacturer of a specific product for the most up-to-date List Price information.
Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.
Values associated with items labeled "free with purchase" are based upon list price.
Disclaimer of Warranties
THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TIAN YIN MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE INFORMATION ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE MINIMUM SCOPE AND PEROPD PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL TIAN YIN MUSIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS ACQUIRED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIAN YIN MUSIC’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE AMOUNT PAID BY YOU FOR THE PRODUCTS ACQUIRED THROUGH THE SITE BY YOU WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold Tian Yin Music harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party. You agree that under no circumstances will Tian Yin Music be liable in any way for the accuracy, reliability, or quality of any Registrant Content, and that each Registrant shall hold Tian Yin Music harmless for (i) any errors or omissions in Content posted by such Registrant, or (ii) any loss or damage of any kind incurred as a result of the use of Content posted by such Registrant.
Copyright
The Site and the Materials are copyrighted works of Tian Yin Music and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Tian Yin Music.
Trademarks
Tian Yin Music is a trademark Tian Yin Music, Inc. All other product names mentioned herein are the trademarks of Their respective owners.
THESE ONLINE PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THIS PUBLICATION MAY INCLUDE TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE CONSTANTLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE PUBLICATION. TIAN YIN MUSIC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) DESCRIBED ON THESE WEBSITES AT ANY TIME.
For further information on Intellectual Property matters contact Tian Yin Music, Inc., at 388 Galley Hill Road, Cuddebackville, NY 12729. For questions or technical problems regarding this service, please contact the webmaster.
Amendment
Tian Yin Music may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
Governing Law
You acknowledge and agree that this Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws or provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Notice
If you have any questions about these Terms of Use or our Privacy Policy, you may contact Tian Yin Music at: 845-239-3020.