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Terms of Service

   1. Introduction

This website is operated by Noize Cartel Records, The terms “we”, “us”, and “our” refer to Noize Cartel Records. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

  1. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

  1. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

  1. Products or Services

All purchases through our website are subject to availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in American dollars (USD).

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and designs of our products are displayed as accurately as possible on our website.

5.. Subscription Services Recurring Payment Authorization

You authorize Noize Cartel Records to make recurring monthly scheduled charges to your credit card which you used to purchase our services. You will be charged the same amount each billing period. A receipt for each payment will be provided to you and the charge will appear on your bank statement. You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.

You understand that this authorization will remain in effect until you cancel in writing, and you agree to notify Noize Cartel Records in writing of any changes in your account information or termination of this authorization at least 21 days prior to the next billing date. If the scheduled payment date falls on a weekend or holiday, you understand that the payment may be executed on the next business day. You understand that Noize Cartel Records may at its discretion attempt to process the charge again within 30 days, and agree to an additional charge if any fees are incurred which will be processed as a separate transaction. You acknowledge that the origination of card transactions must comply with the provisions of U.S. law. You certify that you are an authorized user of the card used to make payment and will not dispute the scheduled transactions with your bank or credit card Company; provided the transactions correspond to the terms indicated in this authorization form.

6. NCR Rewards

The Noize Cartel Records Rewards Program (“NCR Rewards”), accessible via the Noize Cartel Records website (“Website”) at www.noizecartelrecords.com is offered by Noize Cartel Records and affiliated companies (“Company”, “we”, or “us”). By participating in the Rewards Program, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not participate in the Rewards Program.

Modifications
We may at any time, for any reason, and without notice or liability:
(1) modify, suspend, or terminate operation of or access to the Rewards Program or any portion thereof;
(2) change, revise, or modify the Rewards Program or any portion thereof;
(3) interrupt the operation of the Rewards Program or any portion thereof for maintenance and support;
(4) impose limits on certain features and services, or restrict access to the Rewards Program; and/or
(5) terminate the authorization, rights, and license given in these Terms and Conditions.
Upon any termination of your access to the Rewards Program or of the Rewards Program, any rights and licenses granted to you herein shall terminate.  If we make changes, we will post the amended Terms on our website and amend the “updated” date. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Terms will be effective immediately and your continued participation in the Rewards Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop participating in the Noize Cartel Records Rewards Program.

Program Period
The Rewards Program will continue until terminated, suspended, or modified (“Program Period”).

Rewards Program
Noize Cartel Records offers the Rewards Program as a way to reward and thank our loyal customers. The Rewards Program is available to enrolled members (“Members”) and customers who have created an account on our website (“Customers”). Points accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.  If you do not agree to the entirety of the Program Terms, you are not authorized to participate in the Program in any manner. You may not participate in the Program where doing so would be prohibited by any applicable law, regulation, or professional code of conduct. Noize Cartel Records failure to enforce any term of these Program Terms shall not constitute a waiver of that provision.

Enrollment/Membership Account
You can enroll in the Rewards Program in one of the following ways:
(1) Visit the Noize Cartel Records Members Website and register an account at www.members.noizecartelrecords.com
(2) Create an account when making a purchase from our website
Your Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You are responsible for keeping your login information secure. Limit: One (1) Rewards Account per person.
As a part of the Rewards Program, we may send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of email, and/or any other ways you may have selected when you registered. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Account and update your contact information or preferences. You may opt-out of marketing communications at any time. Please keep in mind that if you opt out of all email communications, important notices and certain features of the Rewards Program may no longer be available to you.

Earning Points & Redeeming Points
You can earn an unlimited number of points, subject to these Terms. Members can earn points by making qualified purchases from the Noize Cartel Records website. Points may be redeemed on eligible purchases on our website.
We may offer points to members from time to time, such as on birthdays and for participation in surveys, events, referral programs, sweepstakes, contests, games, or other promotional activities.
You can check how many points you have earned by logging into your Account page.

Points Expiration
Any earned points will expire after 24 months of account inactivity.
If we end the Rewards Program for any reason, Points you have earned but not used will expire on the end date, and you may not redeem any Points after the end date.

Restrictions
Points are issued for promotional purposes only and have no cash value. Points are not transferable. No substitution or cash redemption of any points, or portion thereof, is permitted. Points are redeemable only in connection with eligible products on our website. Points may not be sold, transferred (by operation of law or otherwise), assigned to, or shared with any other individual. You are responsible for any federal, state or local taxes applicable to your participation in the Program. You may also be responsible for any shipping charges for physical products you purchase requiring delivery.  We reserve the right to terminate your Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, in our sole discretion, suspend, cancel, or combine Accounts that appear to be duplicate, and may refuse to allow you to re-register your membership.

Your Right to Cancellation
You can cancel your participation in the Program at any time. Upon cancellation, any unused points accrued in your account will automatically expire (and cannot be redeemed). To cancel your membership, you must e-mail us at noizecartelrecords@gmail.com

Login and Registration / Password Security
Certain features or services offered on or through the Website may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to
(1) provide true, accurate, current, and complete information about yourself, and
(2) maintain and promptly update your information to keep it true, accurate, current, and complete.
You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Company immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Company or any other third party due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.

  7. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

   8. User Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

    9. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

   10. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.

   11. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

   12. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

   13. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

   14. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

   15. Headings

Any headings and titles herein are for convenience only.

   16. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

    17. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the state of California without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the state of California in the City of San Diego, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Questions or Concerns

Please send all questions, comments and feedback to us at noizecartelrecords@gmail.com

Updated March 2022