Terms & Conditions

Introduction

This Web site and the services available on this Web site are services operated by Control Industry Inc in partnership with Apex8 / MusicandSky.com. These Web-based services may include any one or more of the following: fan clubs, chat groups, forums, online stores for the browsing and purchasing of merchandise, live & virtual event tickets and other items; the viewing of and listening to audio and visual content via a Web site; and any other features, functionality or activities which may be available from time to time on this Web site. Such services are referred to in this document as the “MusicandSky.com Services.”

Age Requirements

In order to use the Webstore Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the MusicandSky.com Services or this Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years-old, you may use the MusicandSky.com Services only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And MusicandSky.com

These Terms of Use constitute a legal agreement between you, the user of the MusicandSky.com Services, and MusicandSky.com. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the MusicandSky.com Services. If you do not accept these Terms of Use in their entirety, you may not access or use the MusicandSky.com Services.

Modification Of These Terms Of Use

MusicandSky.com may update or change the terms, conditions, and notices for the MusicandSky.com Services from time to time to reflect changes in the MusicandSky.com Services, changes in the law, or for other reasons as deemed necessary by MusicandSky.com, in its sole discretion. Continued access to or use of the MusicandSky.com Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the MusicandSky.com Services shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information

You may be required to register to use the MusicandSky.com Services. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the MusicandSky.com Services. MusicandSky.com agrees that it will only use and/or disclose your personal information in accordance with the terms of the MusicandSky.com Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the MusicandSky.com Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.

User Account Responsibility

If you are given a password to access the MusicandSky.com Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify MusicandSky.com immediately of any unauthorized use of your account. MusicandSky.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Third-Party Sites

This Web site may contain links to other Web sites controlled or operated by persons and companies other than MusicandSky.com (“Linked Sites”). The Linked Sites are not under the control of MusicandSky.com and MusicandSky.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MusicandSky.com is not responsible if the Linked Site is not working correctly. MusicandSky.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MusicandSky.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the MusicandSky.com Services or are identified on this Web site, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not: (1) use the MusicandSky.com Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the MusicandSky.com Services in any manner that could damage, disable, overburden, or impair the MusicandSky.com Services or interfere with any other party’s use and enjoyment of them; (3) attempt to gain unauthorized access to any MusicandSky.com account, computer systems or networks associated with the MusicandSky.com Services; or (4) obtain or attempt to obtain any materials or information through the MusicandSky.com Services by any means not intentionally made available or provided for.

Purchasing & Returns Terms

Merchandise may be returned for any reason within 15 days of receipt of the order, after that only damaged or defective items may be returned. All merchandise must be in resellable condition unless damaged or defective, items cannot be returned if worn or washed. A 20% re-stocking fee applies to all returns. Original shipping and handling costs cannot be refunded unless it is an error on MusicandSky.com’s part. To return an order, please write the reason for the return on a copy of the invoice and include it with the order. Please mail all returns to:

Control Industry Inc.

ATTN: Music & Sky Returns

16921 South Western Avenue, Building 300

Gardena, CA 90247 USA

Please include a phone number and/or email address so that we may contact you if necessary. For further questions, please contact us at [email protected]

Content Available on the MusicandSky.com Services

The MusicandSky.com Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the MusicandSky.com Services (all of these things are commonly referred to as “Content”) are owned exclusively by MusicandSky.com or others who have licensed their material to MusicandSky.com. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this MusicandSky.com Services are not permitted to use the Content in any manner, except as expressly permitted. Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the MusicandSky.com Services are owned by MusicandSky.com or others who have licensed their use to MusicandSky.com. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to MusicandSky.com for which money damages would be inadequate and in such event MusicandSky.com will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

MusicandSky.com AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE MusicandSky.com SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MusicandSky.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL MusicandSky.com, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MusicandSky.com SERVICES, WITH THE DELAY OR INABILITY TO USE THE MusicandSky.com SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE MusicandSky.com SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MusicandSky.com SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MusicandSky.com OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MusicandSky.com SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MusicandSky.com SERVICES. In no event will MusicandSky.com’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the MusicandSky.com Service.

Customer Support

MusicandSky.com may provide information about how to use the MusicandSky.com Services. If you have any questions about the MusicandSky.com Services or any problems that you would like to report, please contact us at [email protected].

Termination And Restriction Of Access

MusicandSky.com reserves the right, in its sole discretion, to terminate your access to the MusicandSky.com Services or any portion thereof at any time, without notice. MusicandSky.com may also terminate or suspend your access to the MusicandSky.com Services for breach of this Terms of Use or inactivity. Upon termination of your MusicandSky.com account, your right to use the MusicandSky.com Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or MusicandSky.com shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The MusicandSky.com Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.

General

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A. in all disputes arising out of or relating to the use of the MusicandSky.com Services. MusicandSky.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MusicandSky.com as a result of these Terms of Use or use of the MusicandSky.com Services. You may not assign these Terms of Use without the prior written consent of MusicandSky.com. MusicandSky.com may assign these Terms of Use, in whole or in part, at any time. MusicandSky.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of MusicandSky.com’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the MusicandSky.com Services or information provided to or gathered by MusicandSky.com with respect to such use. You agree to indemnify and hold

MusicandSky.com, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the MusicandSky.com Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy and the Terms of Use) constitute the entire agreement between you and MusicandSky.com with respect to the MusicandSky.com Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MusicandSky.com. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SMS/MMS MOBILE MARKETING

(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected].

If you have any questions regarding privacy, please read our privacy policy: https://musicandsky.com/policies/privacy-policy

Intellectual Property Notices

Control Industry Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the MusicandSky.com Services, including the Web pages that are part of the MusicandSky.com Services. Except as expressly provided in these Terms of Use, the provision of the MusicandSky.com Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.