TOS - Terms of Service

Pine Wind Music, Inc. would like to let you know that every effort is made to run this business in an ethical and proper manner. This document is intended to outline a working set of terms and conditions for the consumer (you) and Pine Wind Music, Inc., a business owned by Timothy and Rowena Seaman.

As we are discussing the business here, let's start off by defining who is who to simplify the document:

  • Proprietor: The owners of the Pine Wind Music, Inc. web store, currently Timothy and Rowena Seaman
  • Consumer: The person making a purchase from the web store.
  • Third Party : The person who owns the legal copyright or imminent rights to the item to be purchased. (In most cases this is also Pine Wind Music, Inc.)

General Terms as they relate to all products:

I. This is a legally Binding Agreement.

By making a purchase at the Pine Wind Music, Inc. online store; Registering with the site; previewing the music; or otherwise traversing the website, you must agree to accept all of the terms and conditions in this document, including Section IX's Privacy Information statement.

II. Future changes in terms of service.

The Pine Wind Music, Inc. recording studio and web store also reserve the right to change the Terms of Service at any point in time in the future. Changes may be made without notice, and you must agree to accept the changes. If you find that you do not agree with the new terms, you can decide whether or not you want to continue using the site. Pine Wind Music, Inc. will not be held responsible in any way for consumer objections to changes in the terms of service. That being said, please know that it is our best intention to be fair and ethically correct.

III. Purchases from minors.

If you are under the age of 18 you are allowed to make purchases from this site. However, you must have permission from your legal guardian.

IV. Links to third party sites

Some of the information pages may not be hosted on the site and in that case, Pine Wind Music, Inc. can not be held responsible for their content. Therefore if you find any links from our site to be unethical, please accept our humble apologies, but more importantly know that we are not legally responsible for any pages not hosted on our site. Sometimes a consumer may be able to upload a file that may contain offensive / illegal material and if you happen to find any questionable content, please contact us so we can assess and delete, or explain as necessary.

V. Breach of Contract / Misuse of website.

If you use or intend to misuse this website, exploit its faults or otherwise choose to use the site in a way it wasn't intended, Pine Wind Music, Inc. reserves the right to remove or block all attempts to access or modify it. Please see the privacy statement with respect to hot linking images, which is also prohibited.

VI. Copyright Information for Buyer.

In the event that you purchase downloadable music in mp3 or related format: You are purchasing merchandise or music owned by Pine Wind Music, Inc. through this website. The music remains their property; therefore you will be allowed to download it for the sole purpose of your individual, non-commercial use. There is a limitation on how many times (3 times) you can download the music from the site. If you are having technical issues with downloading the music, feel free to email the owner for advice on how to get the songs working on your computer. You also agree to any additional terms or stipulations the intellectual property (copyright) owners of the music may have in place to protect themselves legally from unscrupulous operators. The Pine Wind Music, Inc. music store grants the consumer one single use license per downloaded song according to this agreement. You may not reproduce, resell, duplicate, or otherwise commercially use the music sold on this site unless you are granted a license for that purpose.

VII. Warranty / Refunds.

Pine Wind Music, Inc. employs a fair business policy in regard to warranty. If you buy something and it is obviously not working when you receive it, we will gladly replace the product with a working one for you. ALL SALES ARE FINAL. That being said, we want our customers to be fully satisfied, so let us know if you are dissatisfied with something we are selling. As for mp3 purchases for instant download, the consumer must agree to fully commit to purchasing the product. Once the product is purchased, there are NO REFUNDS. Sometimes the consumer may not be able to figure out how to download a file. Pine Wind Music, Inc. suggests that if you are having trouble downloading a file, to seek help from someone you may know who has a better understanding of the internet and downloads before emailing the web store for technical support. In any case you are entitled to 3 downloads from the store. All downloads MUST TAKE PLACE within 5 DAYS from date of purchase. If you need any more copies of the song, you must purchase it a second time.

VIII. Limitation of Liability

In no way shall Pine Wind Music, Inc. and any employee or associate be held responsible for damages, lost profits, special, incidental, consequential, punitive, or exemplary damages arising out of this agreement, including negligence claims or bodily injury or death caused by purchasing a product through the web store. For example, it's not our fault if you buy a CD from us, and you cut yourself trying to get the shrink-wrap off. Sorry. You also must agree to indemnify Pine Wind Music, Inc., including attorney's fees from third parties arising from your breach of contract.

IX. Privacy Information

The information you provide to Pine Wind Music, Inc. is intended solely for the purpose of doing business with us. It will not be used for any other purpose outside of the Pine Wind Music, Inc. limited-extent business model. If in the unlikely event that the information is compromised, the buyer must accept that some times mistakes are made, and not hold us liable for the unintended release of your information. As the web store exchange is handled by PayPal, security is fully guaranteed by them.

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In addition to cookies that remember your preferences mentioned above, cookies are used for the purpose of purchasing items off this website, and for login and user profile details should you provide them by creating an account or signing up for the blog posts or newsletter.

Third party cookies are also used on this site. Specifically, Google Analytics is used on this site -- a popular web analytics service provided by Google, Inc. Google Analytics uses cookies to help us analyze how users use this site. It counts the number of visitors and tells us things about their behavior overall – such as the typical length of stay on the site or the average number of pages a user views.

The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google undertakes not to associate your IP address with any other data held by Google.

If you have Adobe Flash installed on your computer (most computers do) and utilize audio or video players, Google Analytics will try to store some additional data on your computer. This data is known as a Local Shared Object or Flash cookie. This helps us to analyze the popularity of our media files.

Finally, this website makes use of Google Maps. Google Maps is used to provide locations for Timothy Seaman's performances. In clicking on a performance location, you can allow or deny Google Maps knowledge of your location for purposes of getting directions from your location to the event site.

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