Eternity Music Australia.

ETERNITY MUSIC

Eternity Music website Terms and Conditions of Use.

Terms of Use

The following is an Agreement between you and EternityMusic.com.au which governs the use of this web site and any web page which is a part of this web site and your purchase of any product or service through the use of this web site.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT

Your use of this web site, including visiting any page which is a part of this web site, and your purchase of any product or service through the use of this web site constitute your acceptance of the terms and conditions of this Agreement. You understand and acknowledge that your use of this web site and your purchase of any product or service through the use of this web site are conditioned on your prior acceptance of the terms of this Agreement. You agree to use this web site solely in accordance and compliance with the terms of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEB SITE OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THE USE OF THIS WEB SITE. THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES AND PROVISIONS REGARDING WHERE A LAWSUIT MAY BE BROUGHT.

2. MODIFICATIONS OF THIS AGREEMENT

EternityMusic.com.au reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on EternityMusic.com.au. Your continued use of this web site and the purchase of any product or service through the use of this web site constitute your prior acceptance of the terms of such change notice or new agreement.

3. ADDITIONAL TERMS

Certain features, functions, and sections of this web site and the purchase of products and services through the use of this web site may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such products and services. Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement. In addition, EternityMusic.com.au may establish guidelines, policies, and codes of conduct governing the use of this web site and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of this Agreement.

4. PROPER USAGE

You agree to use this web site, and to purchase products and services through the use of this web site, only for your own personal, non-commercial use unless you are in an express business relationship with EternityMusic.com.au. You agree not to use this web site (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of EternityMusic.com.au or is otherwise harmful to EternityMusic.com.au; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter this web site; and (c) in any manner that would interfere, impair, impede, or disrupt the use of this web site by any third party.

You agree not to post on or transmit through this web site any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of your contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.

EternityMusic.com.au reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this web site, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.

5. INTELLECTUAL PROPERTY RIGHTS

A. The copyright in this web site, the content of this web site, and software utilized in this web site are owned by EternityMusic.com.au and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner.

B. You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this web site or any service or product offered for use or sale through this web site.

C. THE USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF ETERNITYMUSIC.COM.AU AND ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

6. CONTENT SUBMITTED BY YOU

You agree that all content submitted by you for inclusion, use or distribution on this web site shall be in accordance with and in compliance with the Proper Usage requirements contained in Section 4 of this Agreement.

By submitting content to EternityMusic.com.au for inclusion, use or distribution on this web site, you warrant, represent, and agree that (a) you have the authority to grant the rights to such content which are being granted hereunder; (b) you own and/or control all rights in and to such content; and (c) such content is in compliance with the Proper Use requirements contained in Section 4 of this Agreement.

You will be solely responsible and liable for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights and any other claims, costs, and damages arising from EternityMusic.com.au's inclusion, use or distribution of all content submitted by you. EternityMusic.com.au neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from EternityMusic.com.au's inclusion, use or distribution of all content submitted by you.

You hereby grant to EternityMusic.com.au, and its affiliated, subsidiary and related companies, a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sub-license, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.

7. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

EternityMusic.com.au recognizes and respects the importance of intellectual property rights and endeavours to take all steps to protect the intellectual property rights of others. If you believe that this web site, the content of this web site, software utilized on this web site, or any service or product available for use or sale through this web site constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please advise EternityMusic.com.au immediately by sending written notice specifying all elements of your claim of infringement.

8. DISCLAIMERS

DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON ETERNITYMUSIC.COM.AU'S LIABILITY.

THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS AND ETERNITYMUSIC.COM.AU MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.

ETERNITYMUSIC.COM.AU HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON ETERNITYMUSIC.COM.AU'S PART RELATING TO THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE, AND ETERNITYMUSIC.COM.AU NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR ETERNITYMUSIC.COM.AU ANY OTHER LIABILITIES OR OBLIGATIONS.

ETERNITYMUSIC.COM.AU MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THIS WEB SITE, IN THE CONTENT OF THIS WEB SITE, OR IN OR ON ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.

ETERNITYMUSIC.COM.AU MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.

ETERNITYMUSIC.COM.AU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION.

ETERNITYMUSIC.COM.AU SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.

SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD ETERNITYMUSIC.COM.AU HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEB SITE, THE CONTENT OF THIS WEB SITE, THE SOFTWARE UTILIZED BY THIS WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEB SITE.

YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD ETERNITYMUSIC.COM.AU HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT.

9. APPLICABLE LAW, JURISDICTION AND VENUE

This web site is created, controlled, owned and operated by EternityMusic.com.au in the Commonwealth of Australia. The laws of the Commonwealth of Australia shall govern and control this Agreement, the performance of each party under this Agreement, your use of this web site, and your purchase of services and products through your use of this web site. You and EternityMusic.com.au each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the Commonwealth of Australia, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site. You and EternityMusic.com.au each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this web site, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this web site shall be commenced and maintained only in a court in the Commonwealth of Australia.

10. THIRD PARTY CONTENT, LINKS, PRODUCTS AND SERVICES

You understand and acknowledge that this web site and certain content available via the use of this web site may include materials from third parties, including users, and that EternityMusic.com.au may provide links to certain third party web sites. You acknowledge and agree that EternityMusic.com.au is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. EternityMusic.com.au does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.

Certain products and services available for purchase and use through the use of this web site are subject to separate license, terms of use and other agreements. You agree that your use or purchase of such products and services shall be and is subject to the terms and conditions of such license, terms of use or other agreement and that you shall comply with the terms and conditions of such license, terms of use, or other agreement.

11. AGE OF USER

If you are under the age of eighteen (18) years, you may use this web site and purchase products and services through the use of this web site only with the involvement and under the supervision of a parent or legal guardian.

12. TERMINATION OF USAGE

EternityMusic.com.au shall have the right at any time, with or without cause, and with or without notice to you to (i) cancel any order; (ii) terminate or suspend your right to use or access this web site; or (iii) terminate or suspend your right to purchase any product or service through the use of this web site.

13. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from Christianbook.com either in the form of email sent to you at the email address listed on your account or by communications posted on this web site. You acknowledge and agree that any electronic communication in the form of such email or posting on this web site shall satisfy any legal requirement that such communication be in writing.

14. MISCELLANEOUS PROVISIONS

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

Any failure by EternityMusic.com.au to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of EternityMusic.com.au to enforce the provision at any subsequent time.

The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

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