This website is operated by Music Go Round, a division of Winmark Corporation (“we,” “us,” “our,” “Company,” or “Winmark”). The following Conditions of Use (together with any documents referred to in them) apply to your use of our website at www.musicgoround.com (the “Site”),
any of our franchised locations’ websites, and any information we may
access through social media platforms such as Facebook (collectively,
our “System”).
Please
read these Conditions of Use carefully before using the System. Your use
of the System means that you accept and agree to these Conditions of
Use. If you do not agree to these Conditions of Use or our Privacy
Policy, do not use or access the System.
We may at any time
revise these Conditions of Use by updating this posting. You are bound
by any such revisions and should therefore periodically visit this page
to review the then current Conditions of Use to which you are bound. Disclaimer of Warranties
THE
MATERIALS THROUGH THE SYSTEM ARE PROVIDED "AS IS" AND "AS AVAILABLE"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WINMARK DOES NOT WARRANT THAT THE
FUNCTIONS OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WINMARK
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THE SYSTEM IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SYSTEM OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL.
Winmark disclaims any responsibility
for the content of any third party materials provided through or on the
Site or System. Winmark desires to respect all copyrights and to respond
accordingly when notified of the infringement of those rights. See the
Copyright Infringement section below for information on submitting
notification to us pursuant to the Digital Millennium Copyright Act.
Intellectual Property
Permission
is granted to display and navigate around this website with a computer
using HTML browser software, solely for personal, non-commercial use.
Any commercial or public use of this website or any portion hereof is
strictly prohibited.
All materials included as part of the
System, including, without limitation, text, photographs, images,
graphics, illustrations, logos, button icons, audio clips, video clips,
software, and other content, and the compilation, collection,
arrangement, and assembly thereof (including the look and feel of this
site), is our property or the property of our Franchisees and is
protected by copyright and other laws that protect intellectual property
and proprietary rights. Such materials may be used as a resource for
purchasing the products offered through the System. Any other use of
such materials, including any copying, reproduction, modification, sale,
distribution, transmission, republication, downloading, display,
posting, performance, or other exploitation thereof by any means or
medium without the prior written permission of Winmark is strictly
prohibited. In the event of any permitted use of such materials,
including, without limitation, any copying, reproduction, distribution,
republication, downloading, or display thereof, you will make no changes
in or deletion of author attribution, trademark legend, or copyright
notice. No right, title, or interest in any such materials will be
granted or transferred to you as a result of any permitted use of such
materials.
All trademarks, service marks, trade names, logos, and
icons used on the System are proprietary to Winmark. Nothing contained
on the System should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark or service mark
displayed on this website without the written permission of Winmark or
such third party that may own the trademarks or service marks displayed
on the System. Your use of the trademarks or service marks displayed on
the System, or any other content on the System, except as provided
herein, is strictly prohibited.
We are very protective of our
Music Go Round® trademark and other trademarks and service marks owned
by Winmark. If they have not been registered with the United States
Patent and Trademark Office, then we have applications pending. All use
of these marks must be with our permission. We will file appropriate
legal actions to enjoin the unauthorized use of these marks. Under the
law, we would be entitled to collect your profits, our actual damages
and, perhaps, even our attorneys’ fees.
Inquiries concerning use
of Winmark's trademarks, service marks, trade names, logos, icons,
copyrights or other intellectual property should be addressed to Winmark
Corporation, Attn: Legal Department, 605 Hwy 169 N, Suite 400,
Minneapolis, MN 55441. Copyright Infringement
We
prohibit the submission of any copyrighted material without the user
first obtaining the prior written consent of the copyright owner. In
particular, if you are a copyright owner or an agent thereof and believe
that any content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; ii.
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 on the System; iii.
Identification of the material on the System that is claimed to be
infringing or 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 us to locate the material; iv. Information
reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address; v. A
statement that you have 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 vi. A statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Our designated Copyright Agent to receive
notifications of claimed infringement is Tamara L. Harmon who can be
reached at (763) 520-8500. For clarity, only DMCA notices should go to
the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to
customer service at (800) 433-2540. You acknowledge that if you fail to
comply with all of the requirements of this Section, your DMCA notice
may not be valid. Franchisees
Our
site acts as the venue to bring Music Go Round® franchisees
("Franchisees") and buyers of goods together. Winmark is not involved in
the actual transaction between such parties. As a result, we have no
control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items.
Because we are not
involved in the actual transactions between buyers and Franchisees, in
the event that you have a dispute with any Franchisee, you release
Winmark Corporation (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such dispute. Limitation of Liability
NEITHER
WINMARK NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SYSTEM, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
BY ACT OR OMISSION, EVEN IF WINMARK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SYSTEM OR THIRD PARTY WEBSITES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL WINMARK'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO
WINMARK FOR PRODUCTS SOLD OR SERVICES RENDERED. WINMARK ASSUMES NO
RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THE SYSTEM OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SYSTEM.
You
assume total responsibility and risk for your use of the System and any
third party website accessed through the System. Your sole remedy for
dissatisfaction with the System or any products or services offered
through the System or any third party website accessed through the
System is to stop using the System or such products or services.
Jurisdictional Issues
The
System is controlled and operated by Winmark from its offices within
the State of Minnesota, United States of America. Although the System is
accessible worldwide, not all products or services discussed or
referenced herein are available to all persons or in all geographic
locations. Winmark makes no representation that materials on the System
are appropriate or available for use in other locations. Those who
choose to access the System from other locations do so on their own
initiative and are responsible for compliance with local laws. Links to Other Websites and Connecting through Social Media
The
System may contain hyperlinks to websites operated by third parties. We
do not control such websites and will not be responsible for their
content or for any breach of contract or any intentional or negligent
action on the part of such third parties, which results in any loss,
damage, delay or injury to you or your companions. Inclusion of any
linked website does not imply or constitute approval or endorsement of
the linked website by us. If you decide to leave the System to access
these third-party sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of websites
operated by third parties will apply to you while on such sites. We are
not responsible for information provided by you to third parties.
Electronic Communications
Visiting
the Site, using the System or sending emails to us constitutes
electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures
and other communications that we provide to you electronically, via
email and on the website, satisfy any legal requirement that such
communications be in writing. To opt out of receiving marketing emails
from us follow the “unsubscribe” link on the email to change your
preferences.
Any communications or material you transmit to the
System by electronic mail or otherwise, including data, questions,
comments, or suggestions, will be treated as nonconfidential and
nonproprietary and will become the property of Winmark or its
affiliates. Such communications or material shall be used for any
purpose including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Winmark
is free to use any ideas, concepts, know-how, or techniques contained in
any communication you send to the System for any purpose whatsoever
including, but not limited to, developing and marketing products using
such information.
Indemnity and Release
By
using the System you are hereby agreeing to release Winmark and its
franchisees subsidiaries, affiliates, officers, directors and employees
from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in any way
related to such disputes and/or to the products and services, including
those arising from your use of or inability to use the System or your
violation of these Conditions of Use.
Force Majeure
Under
no circumstances shall Winmark be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including, without
limitation, internet failures, computer equipment failures,
telecommunications equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals,
nonperformance of third parties, or loss or fluctuations in heat, light
or air conditioning. Choice of Law and Forum
These
terms and conditions of use shall be governed by and construed in
accordance with the laws of the State of Minnesota, United States of
America, excluding its conflicts of law rules. You expressly agree that
the exclusive jurisdiction for any claim or action arising out of or
relating to these terms and conditions of use of the System shall be
filed only in the state or federal courts located in the State of
Minnesota, and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purposes of litigating such claim or
action.
Severability and Integration
Unless
otherwise specified herein, this Agreement constitutes the entire
agreement between you and Winmark with respect to the System and
supersedes all prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and Winmark with
respect to the System. If any part of these terms and conditions of use
is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties and the remaining portion shall
remain in full force and effect.
Termination
You
agree that Winmark, in its sole discretion, may terminate your password
(if any) or use of the System, for any reason, including, without
limitation, if Winmark believes that you have violated the Conditions of
Use. Winmark may at any time without notice discontinue the System or
any part of it. You agree that any termination of your access to the
System may be effected without prior notice. Further, you agree that
Winmark will not be liable to you or any third party for any termination
of your access to this website.
