This website (this “Site”) and related digital applications (“Apps”) and platforms are operated by RMS Media Group Inc (“RMS”, “we”, “our”, “us”) in conjunction with others pursuant to contractual arrangements.
YOUR RIGHT TO ACCESS THE CONTENT ON THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS AND TO USE THE SERVICES PROVIDED VIA THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES SUCH RIGHTS.
Please note that we reserve the right at any time to change the terms and conditions set forth below. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting notice of such changes on this website and related digital applications and platforms. Your continued use of this website and related digital applications and platforms after such notice is evidence of your acceptance of all such changes.
We also reserve the right to limit the availability of this website and other digital platforms and/or the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, service, or product(s) that we may provide.
You use this Site and our other digital platforms at your sole risk. You agree that you will be personally responsible for your use of this Site and related digital applications and platforms and for all of your activity on this Site.
To use some of the services or features made available to you on this Site and related digital applications and platforms, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Registration is not available for persons 13 years of age or younger. Your registration may be terminated without warning if we believe that you are under 13 years of age. Should any of your registration information change, please notify us immediately at the following email address firstname.lastname@example.org.
If you register, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another person at any time or to disclose your password to any third party. You agree to notify immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Registered users who have been issued a valid credit card by a bank acceptable to RMS and who have authorized RMS to process a charge or charges on their credit card may, may by making a deposit with RMS, make an offer to purchase from a third party seller certain goods and services displayed as part of the “RMS Media Limited Edition Series.”
By making an offer to purchase merchandise, you expressly authorize RMS to perform security checks and, where RMS feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual deposit transactions. We reserve the right to refuse to process a deposit for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of a third party’s withdrawal of any merchandise whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site and related digital applications and platforms; refusing to process a deposit or unwinding or suspending any transaction after processing has begun. If the issuer of your payment card refuses to authorize payment to RMS, we will not be liable for any delay or non-delivery.
Once a deposit has been placed, an email acknowledging the details of the deposit will be sent to the registered user who has made the deposit. The acknowledgement email is NOT an acceptance of an offer. An offer made by a registered user is an offer to purchase the good or service from the third party seller at the stated price. The deposit constitutes is an irrevocable offer. By submitting a deposit, you authorize RMS to keep possession of all funds deposited, and to deliver such amounts to the seller in the event that the seller accepts your offer (less any fees for this service that may apply). Member acknowledges that RMS is not FDIC-insured, but that RMS may maintain deposited amounts in escrow trust accounts (the “Escrow Account”) at one or more FDIC-insured financial institution(s). RMS may commingle the Deposited Amounts of more than one registered users in its Escrow Accounts, but shall maintain individual account records for all registered users who make deposits. RMS shall not be obliged to credit registered users with interest on Deposited Amounts.
Registered users are required to conduct any research or due diligence of any good or service prior to making an offer. All goods and services are listed and sold on an “as is” “where is” basis, unless otherwise indicated by the seller, and all offers for purchase are subject to the seller’s terms and conditions of sale and the continued availability of the good or service offered, and no offer for purchase shall be deemed accepted unless and until the third party seller accepts such offer in writing. Once the seller accepts a registered user’s offer, the registered user is obligated to purchase the good or service at the price listed and pursuant to the seller’s terms and conditions of sale. The seller’s conditions of sale may provide for a specific form of purchase agreement to be executed by the seller and the registered user after the offer is accepted.
In the event that a seller does not accept your offer, we will credit you in the same manner as your deposit payment within 7 days of the seller notifying us that your offer has not been accepted or after funds become available, whichever is later. If RMS suspects, detects or is notified of potential credit card or other fraud, RMS may hold funds until the absence of fraud is confirmed to its sole satisfaction.
The content provided on this website and related digital applications and platforms, including any software, HTML code, data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the “Content”) and any and all intellectual property rights therein are and shall remain at all times the property of RMS or its licensors or suppliers. You may download and use the Content for your personal, non-commercial use. You may not resell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party or use this Site and related digital applications and platforms or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or other digital platform. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not frame or utilize framing techniques to enclose any Content without the express written consent of RMS or its licensors. Any unauthorized use of Content immediately terminates your right to access the Content of this website and related digital applications and platforms.
Although RMS strives to provide Content that is accurate, the nature of the data and other information contained on this Site and related digital applications and platforms is subject to frequent change. Accordingly, although RMS endeavors to use reasonable care in assembling the Content, the Content may not be up-to-date, accurate or complete. In addition, RMS cannot guarantee that technical difficulties will not occur during the uploading of the Content to your computer or that the Content will upload successfully to your computer.
Descriptions or images of, or references to, products, services, persons or entities on this Site and related digital applications and platforms do not imply RMS’s endorsement of such products, services, persons or entities. In addition, portions of the Content have been contributed to this website and related digital applications and platforms by various third parties. The inclusion of such content does not indicate any approval or endorsement thereof by RMS. RMS reserves the right to withdraw, temporarily or permanently, any Content from this Site and related digital applications and platforms at any time and for any reason. Removal may be immediate and without notice.
Where To Send Notices Of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content hosted by RMS infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In order to comply with the DMCA, the notice should include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website and related digital applications and platforms are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RMS to locate the material on this website and related digital applications and platforms; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to this website and related digital applications and platforms should be sent to:
RMS Media Group Inc
21 Middle Street
Newburyport, MA 01950
Tel: (978) 623-8020
Fax: (978) 824-3975
Please be aware that there can be penalties for false claims under the DMCA.
Links To Third-Party Sites
We may include hyperlinks on this Site and related digital applications and platforms to other websites or resources operated by parties other than RMS, including advertisers. RMS has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
NATURE OF RMS’S RESPONSIBILITIES FOR GOODS AND SERVICES DISPLAYED AS PART OF THE “RMS LIMITED EDITION SERIES.”
YOU ACKNOWLEDGE AND AGREE THAT RMS’S DUTIES WITH REGARD TO GOODS AND SERVICES DISPLAYED AS PART OF THE “RMS LIMITED EDITION SERIES” ARE MINISTERIAL IN NATURE. RMS IS MERELY A FACILITATOR AND PROVIDES TRANSACTIONAL ASSISTANCE TO ITS REGISTERED USERS AND TO THIRD PARTY SELLERS AND IS NOT A PRINCIPAL TO ANY TRANSACTION. RMS SHALL NOT AND DOES NOT TAKE TITLE OR OWNERSHIP OF ANY PROPERTY OR FUNDS HELD BY IT. TITLE TO SUCH PROPERTY OR FUNDS SHALL BELONG TO THE SELLER OR BUYER, AS THE CASE MAY BE, AND SHALL BE HELD AND DISPOSED OF IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS OR AS OTHERWISE AGREED UPON BETWEEN BUYER AND SELLER. ANY DISPUTES AND/OR DISAGREEMENTS BETWEEN BUYER AND SELLER MUST BE ADDRESSED BETWEEN BUYER AND SELLER, AND YOU EXPRESSLY AGREE NOT TO HOLD RESPONSIBLE RMS OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES IN ANY WAY OR IN ANY MANNER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER RMS NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES ENDORSES ANY OF THE GOODS OR SERVICES THAT ARE TRANSFERRED THROUGH THE “RMS LIMITED EDITION SERIES” AND THAT NEITHER RMS NOR ITS EMPLOYEES, REPRESENTATIVE OR AFFILIATES IS RESPONSIBLE FOR ANY DAMAGES TO GOODS DURING TRANSIT NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY SELLER. RMS AND ITS EMPLOYEES, REPRESENTATIVES AND AFFILIATES SHALL ALSO BE FULLY PROTECTED IN RELYING UPON ANY WRITTEN NOTICE, DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE. NEITHER RMS NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES SHALL INCUR ANY LIABILITY WHATSOEVER, AND BOTH BUYER SHALL INDEMNIFY THE EMPLOYEES, REPRESENTATIVES AND AFFILIATES OF RMS, WITH REGARD TO THEIR CONDUCT IN OPERATING OR MAINTAINING THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS OR IN THE FULFILLMENT OF THEIR DUTIES AS EMPLOYEES REPRESENTATIVES OR AFFILIATES OF RMS AS MORE FULLY DESCRIBED IN THE RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN.
THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMSARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RMS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. RMS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, THE SERVER(S) ON WHICH THIS WEBSITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF RMS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMSOR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RMS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF RMS, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMSBY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED TO OR FROM, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS. RMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS OR ANY HYPERLINKED SITE, AND RMS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS AND ANY CONTENT PROVIDED ON THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS ARE ENTIRELY AT YOUR OWN RISK.
Limitation Of Liability
NEITHER RMS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS AND/OR MATERIALS CONTAINED ON THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO RMS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS WEBSITE AND RELATED DIGITAL APPLICATIONS AND PLATFORMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree fully to defend, indemnify and hold harmless RMS immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of this Site and related digital applications and platforms, or the use by any other persons accessing this Site and related digital applications and platforms using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and RMS as a result of these terms and conditions or your use of this Site and related digital applications and platforms. You agree that you may not and will not hold yourself out as a representative, agent, or employee of RMS, and we shall not be liable for any representation, act, or omission on your part.
These terms and conditions (as amended from time to time) constitutes the entire agreement between you and RMS regarding your use of this Site and related digital applications and platforms, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and RMS in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site and related digital applications and platforms conflicts with the terms of these terms and conditions, these terms and conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these terms and conditions.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
These terms and conditions together with all our policies and procedures are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to contracts entered into and to be fully performed in that State, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts.