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Conditions of Use |
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Terms and Conditions
Please review our Privacy Notice,
which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Triplemountain.com (hereafter known as Triple Mountain Magick) or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property of
Triple Mountain Magick or its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the exclusive property of
Triple Mountain Magick, with copyright authorship for this collection by Triple Mountain Magick and
protected by U.S. and international copyright laws. The software application provider and
author for "ZenCart", is used under the GNU GENERAL PUBLIC LICENSE and all
original authorship and credit for ZenCart remains the intellectual rights of www.zencart.com.
TRADEMARKS
Triple Mountain Magick trademarks and trade dress may not be used in connection with any
product or service that is not Triple Mountain Magick, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits Triple Mountain Magick.
All other trademarks not owned by Triple Mountain Magick, or its subsidiaries that appear on this
site are the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Triple Mountain Magick, or its subsidiaries .
LICENSE AND SITE ACCESS
Triple Mountain Magick grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion of it, except
with express written consent of Triple Mountain Magick. This license does not include any resale or
commercial use of this site or its contents: any collection and use of any product listings,
descriptions, or prices: any derivative use of this site or its contents: any downloading or
copying of account information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Triple Mountain Magick. You may
not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Triple Mountain Magick and our
associates without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Triple Mountain Magick's name or trademarks without the express
written consent of Triple Mountain Magick. Any unauthorized use terminates the permission or
license granted by Triple Mountain Magick. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Triple Mountain Magick so long as the link does not
portray Triple Mountain Magick, its associates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Triple Mountain Magick logo or
other proprietary graphic or trademark as part of the link without express written permission.
MP3 / DIGITAL PRODUCTS LICENSE AGREEMENT
All copyrights to purchased MP3s, ZIP, WAVs, MPEGs, JPGs, GIFs [Digital Products]
are exclusively owned by the author of each file. The purchaser is granted a non-exclusive
license to use the Digital Products on one computer (i.e. a single CPU) at a time, for any
legal purpose. The Digital Products may not be rented or leased, but may be permanently
transferred, if the person receiving it agrees to the terms of this license. If the Digital
Product is an update, the transfer must include the update and all previous versions.
No person or company may charge a fee for the distribution of the Digital Products without
the permission from the copyright holder. THE DIGITAL PRODUCT IS DISTRIBUTED
"AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE THE
DIGITAL PRODUCT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR
DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE
USING OR MISUSING THIS SOFTWARE. You may not use, copy, emulate, clone,
file-share, distribute, make available for download, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the Digital Product, or any subset
of the Digital Product, except as provided for in this agreement. Any such unauthorized
use shall result in immediate and automatic termination of this license and may result in
criminal and/or civil prosecution. All rights not expressly granted here is reserved by the
author of this software. Installing and using the Digital Products signifies acceptance of
the terms and conditions of this license. If you do not agree with the terms of this license
you must remove the Digital Products from your storage devices and cease to use the
product.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account
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. If you are under 18,
you may use our website only with involvement of a parent or guardian. Triple Mountain Magick
and its associates reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam". You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. Triple Mountain Magick
reserves the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant
Triple Mountain Magick and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the world in any
media. You grant Triple Mountain Magick and its associates and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that you post: that
the content is accurate: that use of the content you supply does not violate this policy and
will not cause injury to any person or entity: and that you will indemnify Triple Mountain Magick or its
associates for all claims resulting from content you supply. Triple Mountain Magick has the right but
not the obligation to monitor and edit or remove any activity or content. Triple Mountain Magick
takes no responsibility and assumes no liability for any content posted by you or any third
party.
RISK OF LOSS
All items purchased from Triple Mountain Magick are made pursuant to a shipment contract.
This basically means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
Triple Mountain Magick and its associates attempt to be as accurate as possible. However,
Triple Mountain Magick does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. If a product offered by Triple Mountain Magick
itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Triple Mountain Magick ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Triple Mountain Magick 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, Triple Mountain Magick
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Triple Mountain Magick DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM Triple Mountain Magick ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. Triple Mountain Magick 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.
APPLICABLE LAW
By visiting Triple Mountain Magick, you agree that the laws of the state of Maine, without
regard to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and Triple Mountain Magick or its associates.
DISPUTES
Any dispute relating in any way to your visit to Triple Mountain Magick or to products you
purchase through Triple Mountain Magick shall be submitted to confidential arbitration in Maine,
except that, to the extent you have in any manner violated or threatened to violate
Triple Mountain Magick intellectual property rights, Triple Mountain Magick may seek injunctive or other
appropriate relief in any state or federal court in the state of Maine you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration Association.
The arbitrators award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this
site. These policies also govern your visit to Triple Mountain Magick. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. 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.
CREDIT CARDS
Goods and services provided by Triple Mountain Magick.
2Checkout.com, Inc. is an authorized retailer of goods and services provided by Triple Mountain Magick.
Orders paid through PayPal.com will be sold by PayPal.com.
Your credit card statement will reflect one of the above Authorized retailers.
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