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TERMS OF USE


Updated June 21st, 2007

GENERAL TERMS

INTRODUCTION; CONSENT TO TERMS OF USE
These Terms of Use (the "Terms of Use") apply to the Tower.com sites located at Tower.com and Towerrecords.com. The Tower Web Sites are the property of Tower.com Inc., its parent, affiliates, subsidiaries and licensors. Please read these Terms of Use carefully before using the Tower Web Sites. By using the Tower Web Sites, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Tower Web Sites and you must exit the Sites immediately. We reserve the right, at our discretion, to change, modify, add or delete portions of these Terms of Use at any time by posting updated terms of use on the Tower Web Sites. Any changes, modifications, additions or deletions to these Terms of Use shall be effective immediately upon their posting under this section of the Tower Web Sites, so please check these Terms of Use frequently for updates. Your continued use of the Tower Web Sites following the posting of updated Terms of Use shall mean that you agree to those changes.

RESTRICTIONS ON USE OF WEB SITE CONTENTS
All text, graphics, images, video, user interfaces, visual interfaces, photographs, trademarks, service marks, trade names, trade dress, logos, sounds, music, downloaded music, music samples, artwork, software, metadata information, and other copyrightable material (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Tower Web Sites is owned, controlled or licensed by or to Tower.com Inc., or its parent, subsidiary, or affiliated companies and/or third-party licensors, and such Content is protected by U.S. and international copyright laws, trade dress and various other intellectual property rights. All rights reserved. All Content is sublicensed to end users and not sold, notwithstanding use of the terms "sell", "purchase," "order," or "buy" on the Site or these Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Tower Web Sites and no Content may be copied, reproduced, republished, uploaded, transmitted, publicly displayed, posted, encoded, or translated or distributed to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Tower.com Inc..

You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto associated with or provided to you in order to access any of the Tower Web Sites.

You may not use any Tower service marks, logos or graphics without Tower's prior written consent.

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others of us. All messages transmitted through our web site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages.

No user of our services or site may (1) take any action that imposes an unreasonable load on the site’s infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site; (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the site; or (4) delete or alter any material posted by any other person or entity.

In addition, the Tower Web Sites contain Content provided by third party content providers or End Users. Such Content is not warranted to be free from errors, other deficiencies or potential interruptions. In no event should the availability of such information and materials be construed as an indication that they have been validated by Tower.com Inc. or represent the views of Tower.com. Tower.com reserves the right to remove or edit anything that is in violation of these Terms of Use or other policies of Tower.com.

FRAMING
Tower.com does not allow framing of the Tower Web Sites.

LINKS TO AND FROM TOWER WEB SITES
Tower.com sometimes permits third parties to link to content on the Tower Web Sites. Such linking does not, and should not be construed to, suggest that Tower.com promotes or endorses any third party’s web sites, products or services.

In addition, Tower.com provides links to Internet sites maintained by third parties. Tower.com has no control over such third party web sites, which take you outside of our service. Such linking may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Tower Web Site the site you will land on is not controlled by Tower.com and different terms of use and privacy policies may apply. By clicking on links to other sites, you acknowledge that Tower.com is not responsible for those sites.

We make no representations concerning the content of sites linked from, to or listed on the Tower Web Sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in such sites.

FORUMS, DISCUSSIONS AND USERS’ REVIEWS
If you submit information to our site, you agree not to (1) post or transmit anything that is defamatory, libelous, abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls, or any other method of communication.

YOUR ACCOUNT
Certain features or services offered on or through the Tower Web Sites may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Tower.com immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Tower.com or any other user of or visitor to the Tower Web Sites due to someone else using your ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

The Tower Web Sites are designed for adults who make purchases for themselves and for others, including children. Tower.com is concerned about the privacy of children and does not knowingly solicit or collect any personal information on individuals 17 or younger.

If you are under 18, you may use the Tower Web Sites only with the involvement of a parent or guardian. Tower.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Additional information regarding privacy and the collection of personal information is located in our Privacy Policy.

TOWER E-COMMERCE

PRODUCT DESCRIPTIONS
Tower.com and its content providers attempt to be as accurate as possible with the product information provided. However, Tower.com does not warrant that product descriptions or other content of the Tower Web Sites are accurate, complete, reliable, current, or error-free. If a product offered by Tower.com is not as described, your sole remedy is to return it in unused condition.

PRICING
Regular, sale and clearance prices for products on Tower.com are based on Tower.com’s vendors and distributors.

Items in your shopping bag 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 dynamic discounting. Therefore, prices on the product detail page and in your bag may change after such updates to reflect the current prices. Placing items in your bag does not reserve the current prices shown at that time; prices are reserved only by placing an order.

PRICING ERROR AND INACCURACY DISCLAIMER
Information at Tower.com may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Tower.com will cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any errors or inaccuracies, you may return it as an Incorrect or Defective Item. Please see our Return Policy for further information.

RISK OF LOSS
All items purchased from Tower.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the case of products that carry no such shipment or dispatch contract, risk of loss and title will pass to you immediately upon completion of the financial transaction during the purchase process.

REPRESENTATIONS AND WARRANTIES; INDEMNITY
You represent, warrant and covenant (a) that no materials of any kind submitted through your account or by you to a Tower Web Site will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (b) contain libelous, abusive, vulgar, obscene or sexually explicit language or otherwise unlawful material. You hereby indemnify, defend and hold harmless Tower.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Tower.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Neither Tower.com nor any of its parent, affiliate or subsidiary companies represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Tower Web Sites by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

DISCLAIMER WARRANTIES AND LIMITATION OF LIABILITY
THE TOWER WEB SITES AND USE ANY OTHER PRODUCTS OR SERVICES ARE PROVIDED BY TOWER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOWER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOWER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOWER.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TOWER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOWER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Tower.com:

To be effective, the notification must be a written communication that includes the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material including a unique identifier such as SKU or ISBN.
4. information so that we can contact you, such as address, telephone number and e-mail address.
5. 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.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

NOTICE AND PROCEDURE FOR CUSTOMERS HOLDING GIFT CERTIFICATES PURCHASED AT A FORMER TOWER RECORDS RETAIL LOCATION:

As of June 11, 2007, the assets of Tower.com, including the website, were sold by the bankruptcy estates of Three As Holding, LLC and MTS, Incorporated. Those holding gift cards of Tower Records or Tower.com should make their claims to the Bankruptcy Court presiding over these bankruptcy cases. For information, you may view the court docket, In re Three As Holdings, LLC, Bankruptcy Case No. 06-10866 (BLS) pending in the United States Bankruptcy Court, District of Delaware.

Information may also be obtained on-line at http://www.omnimgt.com/public/files/frmMainCase.aspx?cboclient=802this will open a new windows.

INTERNATIONAL USERS
The Tower Web Sites are controlled and operated within North America. We make no representation that content, materials or products available on or through the Web sites are appropriate or available for use outside of the United States. If you access the Web Sites from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

MISCELLANEOUS PROVISIONS
Tower.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Tower Web Sites should be construed to alter such agreements.

These Terms of Use, together with the Security and Information Policy and Help sections of the Tower Web Sites, represent the entire understanding of the parties regarding the use of the Tower Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.

 







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Tower, Tower Records, TowerRecords.com, Tower.com, Tower CD Listening Station, Tower Outlet, Tower Records Videos Books, Tower Essentials, Pulse! and associated logos and trademarks are registered trademarks of Tower.com Inc. in the United States and other countries.
Copyright 2012. For personal noncommercial use only.
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