TERMS AND CONDITIONS
Effective Date: January 25, 2021
Use of the website owned and operated by MYCOAUDIO, and their affiliates (collectively, “MYCOAUDIO,” “we,” “us,” “our”) with home pages located at www.mycoaudio.com, together with all products and services MYCOAUDIO may offer from time to time via MYCOAUDIO’s website and/or related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with MYCOAUDIO (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein (“Terms and Conditions”).
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give MYCOAUDIO rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
MYCOAUDIO reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST MYCOAUDIO IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Modifications to These Terms and Conditions
MYCOAUDIO reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. MYCOAUDIO reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.
MYCOAUDIO endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. 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 Services. As a result, and as set forth in the “Disclaimers” section below, MYCOAUDIO does not and cannot guarantee the accuracy, reliability, currency, or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. MYCOAUDIO reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing and Payment
The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax (and for international sales value added tax, customs, and duties), where applicable, or delivery costs, both of which you agree to pay upon ordering.
All orders placed by you are subject to acceptance by MYCOAUDIO and all items are subject to availability. Order processing currently takes between 24 to 48 hours (not including weekends or holidays).
Acknowledgment of your order means that MYCOAUDIO has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. MYCOAUDIO may, in its discretion, require additional verification or information before accepting any order. MYCOAUDIO reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider, or other automatic device, software, process, or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.
Risk of Loss
All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon MYCOAUDIO’s delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
Shipping and Returns/Exchanges
Shipping. Once an order is placed, it cannot be canceled. Orders may be returned or exchanged only as specified in Return/Exchange Policy. To protect our customers, MYCOAUDIO is unable to modify the shipping address of a package to alter its delivery, and MYCOAUDIO will only ship to the address provided at checkout, which must match the billing address.
Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed. We are unable to combine shipping on multiple orders.
Delivery options for international orders are displayed at check-out. However, please note that MYCOAUDIO will not calculate, invoice, or collect any taxes, duties, import fees, or related amounts or charges (“Duties”) other than shipping costs at checkout. You are responsible for paying applicable Duties. MYCOAUDIO is not responsible for, and will not reimburse, any Duties or costs (including costs of return shipping) resulting from your refusal or failure to pay Duties.
For your convenience, MYCOAUDIO offers our customers the option to return certain products within 7 days of shipment receipt. Certain products are non-returnable (including, but not limited to, sale items, limited editions, and pre-order items. IN ADDITION, IF WE REASONABLY DETERMINE THAT A PURCHASED PRODUCT THAT MIGHT OTHERWISE BE ELIGIBLE FOR RETURN WAS ORDERED THROUGH THE USE OF A ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO REFUSE ANY SUCH RETURN, TO REFUSE TO OFFER ANY REFUND, AND/OR TO CHARGE A RESTOCKING FEE.
For all accepted returns, the packaging must be intact and the product must be unused with all tags attached. PLEASE NOTE THAT RETURNS OR EXCHANGES WITHOUT PROPER DOCUMENTATION, PACKAGING, AND/OR MATERIALS CANNOT BE ACCOMMODATED. MYCOAUDIO reserves the right to charge a restocking fee for returns in violation of these Terms and Conditions, including items returned damaged or missing packaging or documentation, or for items that we reasonably determine were ordered through use of a robot or other automatic device or software. Any MYCOAUDIO product that is delivered defective may be sent back to our store for a full refund or replacement if the product is available.
License for Personal Use
Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with MYCOAUDIO, who, along with its licensors, is the exclusive owner of all rights, title, and interest therein. Except as otherwise expressly provided, all rights are reserved to MYCOAUDIO.
In connection with this license, you may not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein. Linking to other content within the Services is prohibited without MYCOAUDIO's prior express written consent. This limited license expressly prohibits the framing of MYCOAUDIO content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.
Restrictions on Use
You agree that you shall not:
(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;
(b) “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;
(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;
(d) Take any action that imposes an unreasonable or disproportionately large load on the Services;
(e) Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or
(f) otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to MYCOAUDIO or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).
All Services and Materials, any improvements or modifications to such Services and Materials, any derivative works based thereon, and the collection, arrangement and assembly of all such Services and Materials, are, except as otherwise expressly stated herein, owned exclusively by MYCOAUDIO or its licensors, and MYCOAUDIO (and, as applicable, its licensors) reserve all rights therein. The contents of the Services and Materials are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services and Materials are the proprietary service marks or trademarks of MYCOAUDIO, its licensors, or third parties, and are protected in the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of MYCOAUDIO or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by MYCOAUDIO, its licensors, or any other person.
THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, MYCOAUDIO CANNOT AND DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND MYCOAUDIO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYCOAUDIO, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF MYCOAUDIO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL MYCOAUDIO, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MYCOAUDIO’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF MYCOAUDIO’S PARTNERS AND ITS AND THEIR THIRD-PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
To the extent permitted by applicable law, you agree to indemnify and hold MYCOAUDIO, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including without limitation reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available, or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to MYCOAUDIO; or (d) your violation of any rights of any third party.
The Services may provide links or references to third-party websites, mobile applications, services, or materials that are not provided by, related to, or maintained by MYCOAUDIO. MYCOAUDIO has no responsibility for the content thereof, regardless of whether the link is provided by MYCOAUDIO or a third party, and MYCOAUDIO shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use. The display of any link shall not and does not constitute or imply endorsement by MYCOAUDIO or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding MYCOAUDIO or its partners.
While MYCOAUDIO appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions, or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and MYCOAUDIO.
Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law
You acknowledge and agree that the terms contained in these Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of these Terms and Conditions would give rise to irreparable harm to MYCOAUDIO for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle MYCOAUDIO to immediate injunctive and other equitable relief without any requirement to post a bond.
To the extent permitted by applicable law, you agree that any dispute, controversy or claim arising out of, or relating to, these Terms and Conditions or their breach or validity, and any other claim, controversy or dispute between you and MYCOAUDIO arising out of or relating to the Services or your use of the Services, including disputes against any past or present parent or subsidiary of MYCOAUDIO and any past or present officer, director, member, partner, employee, contractor or agent of MYCOAUDIO (a “Dispute”), will be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this section, and will be administered by the AAA. The arbitrator’s decision will generally be final and binding, except for any right of appeal provided by the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
All Disputes will be resolved solely between you and MYCOAUDIO, and no class action, private attorney general, or other representative lawsuits relating to such Disputes will be allowed. You acknowledge and agree that you waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless you and MYCOAUDIO agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” section will be deemed void.
YOU AND MYCOAUDIO BOTH AGREE TO ARBITRATE AND WAIVE ANY RIGHT TO PURSUE A DISPUTE IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NEITHER YOU NOR MYCOAUDIO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN COURT OR IN ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law principles. To the extent applicable, the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed. You agree that any action at law or in equity arising out of or relating to the Services or these Terms and Conditions will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
These Terms and Conditions constitute the entire agreement between you and MYCOAUDIO with respect to the Services and the Materials, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MYCOAUDIO with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If you have any questions regarding these Terms and Conditions, please contact MYCOAUDIO at firstname.lastname@example.org