PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS OF USE”) OF THE PIANO SHOWCASE, A DIVISION OF VANDA KING ENTERTAINMENT LTD., (“PIANO SHOWCASE”) WEB SITE AT WWW.VANDAKING.COM (THE “SITE”) CAREFULLY.  BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.
YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF SUCH USE.

YOUR RIGHT TO USE THIS SITE

Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including all information, product images and specifications, and other content on the Site (collectively, the “Materials”), and (b) subject to any other requirements that PIANO SHOWCASE may specify, access services (“Services”) provided and products (“Products”) offered by PIANO SHOWCASE on this Site.
PIANO SHOWCASE reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at PIANO SHOWCASE’s sole discretion.

OWNERSHIP OF MATERIALS ON THE SITE

The Materials on the Site are owned by PIANO SHOWCASE and its suppliers.  They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).  You also may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at www.vandaking.com, without the prior written permission of PIANO SHOWCASE.
The trademarks of PIANO SHOWCASE and others used on the Site are the property of PIANO SHOWCASE or their respective owners and are used with permission.  You may not use any trademark displayed on the Site without the written permission of PIANO SHOWCASE or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials.  You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.
 

COMMUNICATIONS FROM YOU TO THE SITE

By using this Site or placing an order with Piano Showcase, you hereby consent that we may collect, use, store, maintain, transfer, and delete your personal data in accordance with our Privacy Policy (“Privacy Policy”).  Except as specified in the Privacy Policy, all information and other content you send to the Site (“Communications”) will be considered non-proprietary and non-confidential. PIANO SHOWCASE shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes, including as customer testimonials on the Site. You are prohibited from sending PIANO SHOWCASE or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others under applicable law.

THIRD PARTIES

From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”).  Such references and links do not constitute or imply an endorsement or recommendation by PIANO SHOWCASE of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties.

APPLICABLE LAWS

This Site is operated and controlled by PIANO SHOWCASE from its offices within Ontario, Canada and resides on servers located in the United States.  The Site can be accessed and purchases can be made from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site and/or by ordering Products on the Site, you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site, including all sales transactions. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.
PIANO SHOWCASE makes no warranty or representation that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions.  Accessing these Materials or Services from territories where they are illegal is prohibited.  You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.  The parties agree that this agreement and all related documents be written in the English language.  Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

DISCLAIMER

EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY PIANO SHOWCASE, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law.  PIANO SHOWCASE makes no warranties, representations, or conditions of any kind regarding the sites, services, products, programmes or other offerings of Third Parties referenced on or accessible by means of the Site.  PIANO SHOWCASE also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and up-to-date and will contain no errors or inaccuracies, PIANO SHOWCASE does not warrant or represent the accuracy and completeness of the Materials on the Site. PIANO SHOWCASE may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and PIANO SHOWCASE makes no commitment to update the Materials. PIANO SHOWCASE does not guarantee that all Products referenced on the Site will be available at all times. Products available from PIANO SHOWCASE at any given time may not be exactly as shown or described, and PIANO SHOWCASE reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. PIANO SHOWCASE reserves the right to limit quantities and to specify a minimum order requirement.  Prices may vary slightly on some piano parts & tools, due to changes in the cost of raw materials. In the event that an error occurs with respect to an order, we will attempt to contact you to make you aware of the error, however, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on our web site. The terms of sale set forth at http://www.vandaking.com/info.html and http://www.vandaking/info.html are incorporated by reference into these Terms and Conditions of Use.

LIMITATION OF LIABILITIES

IN NO EVENT WILL PIANO SHOWCASE, OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PIANO SHOWCASE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON OR OBTAINED THROUGH THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF PIANOS, PIANO ACCESSORIES OR OTHER EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless PIANO SHOWCASE and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.

Updated: January 22, 2004