Term of Use

 

D’Luca Musical Instruments Corporation and all of its affiliates and subsidiaries (“D’Luca” or “us” or “we” or “Company”) maintain this website, mobile and desktop application, or other properties and/or our related services (collectively known as the “D’Luca Properties”, or, each individually, a “D’Luca Property”) for your personal information, education and communication. Your access to and use of this D’Luca Property is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this D’Luca Property, so that you fully understand your rights and responsibilities. By accessing or using this D’Luca Property, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

 

If you do not agree to the following Terms of Use, do not access or use this D’Luca Property, and instead contact Company in writing for further information.

 

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this D’Luca Property. Material changes will be posted conspicuously on this D’Luca Property. By accessing this D’Luca Property following posting of changes to the Terms of Use, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Privacy Policy

 

By accessing and using this D’Luca Property, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference. Please visit our Privacy Policy page for full disclaimer.

 

Intellectual Property Rights

 

© 2016 Copyright D’Luca Musical Instruments. All rights reserved All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this D’Luca Property are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this D’Luca Property also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this D’Luca Property. This D’Luca Property may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

 

D’LUCA®, STAR®, HAWK®, STRAUSS®, SHULLER®, FEVER®, D’LUCA KIDS®, VIRTUSOSSO®, are registered trademarks of D’Luca Musical Instruments and Sky Blue Telemarketing Inc. that may appear in this D’Luca Property and that are registered in one or several categories of goods with the United States Patent & Trademark Office. Some of the aforementioned trademarks may be registered in one or several categories of goods in certain other countries. This is not a comprehensive list of all trademarks of D’Luca and specifically does not include any common law trademarks of D’Luca. All other names and marks mentioned in this D’Luca Property are the trade names, trademarks or service marks of their respective owners.

 

Should any user of this D’Luca Property send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this D’Luca Property, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques. If you desire confidential treatment of any ideas, concepts, know-how or techniques please write: D’Luca Musical Instruments Attn: Legal 720 S. Milliken Ave. Suite G. Ontario, CA 91761

 

Use of this D’Luca Property

 

You may view, copy, print and use content contained on this D’Luca Property (including recorded material) solely for your own personal use and provided that: (1) the content available from this D’Luca Property is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this D’Luca Property is modified or framed in any way; (3) no graphics available from this D’Luca Property are used, copied or distributed separate from accompanying text; and (4) you do not delete or modify any copyright, trademark, or other proprietary notices. The use of any such content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of D’Luca or any third party, except as expressly provided herein. This D’Luca Property may be accessed by users internationally and may contain references or cross references to D’Luca products, programs and services that are not available in your country. Such references do not imply that D’Luca intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. D’Luca reserve the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party. Access to this D’Luca Property may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this D’Luca Property constitutes consent to such monitoring. This D’Luca Property may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. D’Luca cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

 

Third-Party Websites

 

This D’Luca Property may link to, or be linked to, other websites not maintained by or related to D’Luca. All links are provided only as a service to our visitors. D’Luca is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this D’Luca Property. D’Luca has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate. THIS D’LUCA PROPERTY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF D’LUCA DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF D’LUCA. D’LUCA DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF D’LUCA DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS D’LUCA PROPERTY MAY BE LINKED OR FROM WHICH THIS D’LUCA PROPERTY MAY BE ACCESSED. Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on this D’Luca Property (including recorded interviews) are solely the views of such third party and D’Luca assumes no responsibility for the accuracy or veracity of any statement made by such third party. Your Account If you choose to register with this D’Luca Property, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify D’Luca by e-mail. You are solely responsible for your own losses and losses incurred by D’Luca and others (including other users) due to any unauthorized use of your account.

 

No Warranty

 

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by D’Luca on this D’Luca Property, but D’Luca is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this D’Luca Property, the websites of any D’Luca dealer or distributor or any other website. Information and related materials are subject to change without notice. This D’Luca Property and all information and related materials it contains are provided "AS IS." D’Luca does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this D’Luca Property or any material, information or data downloaded or otherwise obtained through use of this D’Luca Property; (2) the results that may be obtained from the use of this D’Luca Property or the use of material, information or data obtained from this D’Luca Property; (3) that use of this D’Luca Property or any materials on this D’Luca Property will meet any users requirements; (4) that access to the D’Luca Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this D’Luca Property will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. D’Luca has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. By using this D’Luca Property, you assume the risk that the information and materials on this D’Luca Property may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. D’LUCA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS D’LUCA PROPERTY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN. You acknowledge and agree (1) that your use of this D’Luca Property and any material, information or data downloaded or otherwise obtained through the use of this D’Luca Property is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this D’Luca Property or its content will be liable to users of this D’Luca Property for any damage resulting from use of this D’Luca Property or use of material, information or data downloaded or otherwise obtained from this D’Luca Property, nor are such parties in any way responsible for the conduct of users of this D’Luca Property or for information posted or exchanged on this D’Luca Property. No advice or information, whether oral or written, obtained by you from D’Luca or in any manner from this D’Luca Property creates any warranty.

 

No Liability

 

In no event will D’Luca, D’Luca Music, Sky Blue Telemarketing Inc., or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this D’Luca Property or any linked website or to any material, information, data, products, or services obtained through this D’Luca Property, or otherwise arising out of your use of this D’Luca Property, your inability to use this D’Luca Property or any decision made or action taken by you in reliance of any information, advice or materials provided on this D’Luca Property, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if D’Luca has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this D’Luca. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you. Miscellaneous You agree to indemnify, defend and hold harmless D’Luca, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this D’Luca Property, your use of any material, information or data downloaded or otherwise obtained from this D’Luca Property, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of D’Luca or any other person or entity.

 

The laws of California and the United States shall govern use of this D’Luca Property. Users agree that any action, suit, or proceedings arising from or related to use of this D’Luca Property shall be brought exclusively in the federal or state courts of the State of California without regard to choice of law or conflicts of law provisions. Entire Agreement

 

By your access or use of this D’Luca Property, you agree to these Terms of Use. These Terms of Use, together with the D’Luca Privacy Policy, constitute the entire agreement between you and D’Luca with respect to your access and use of this D’Luca Property. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by D’Luca. These Terms of Use will inure to the benefit of D’Luca’s successors and assigns.

 

Electronic Communications

 

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and D’Luca may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference. If you have any questions or concerns regarding these Terms of Use, please contact us at: D’Luca Musical Instruments Corporation Attn: Legal 720 S. Milliken Ave. Suite G. Ontario, CA 91761

 

© 2016 Copyright D’Luca Musical Instruments. All rights reserved Last Updated: 11/22/2016