Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Street Sounds.

The terms "we," "us," and "our" refer to Street Sounds, operated by Street Sounds IV Inc. Street Sounds operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Street Sounds is powered by Shopify, which enables us to provide the Services to you.

Business Information

Street Sounds
Operated by Street Sounds IV Inc.
2402 Trent Rd
New Bern, NC 28562
Phone: 252-672-8895
Email: support@streetsounds-enc.com

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our "https://streetsounds-enc.com/policies/privacy-policy". If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Street Sounds reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Street Sounds confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Street Sounds may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange in accordance with our "https://streetsounds-enc.com/policies/refund-policy" 

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer promotions on the Services from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

1. The credit card information you provide is true, correct, and complete;
2. You are duly authorized to use the credit card for the purchase;
3. Charges incurred by you will be honored by your credit card company; and
4. You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays caused by shipping carriers, customs processing, or events outside our reasonable control.

All delivery times are estimates only and are not guaranteed.

Orders are shipped from our location at:

Street Sounds
2402 Trent Rd
New Bern, NC 28562
United States

Additional shipping information, including processing times, estimated delivery times, shipping charges, international shipping information, and procedures for delayed, damaged, or lost shipments, is provided in our https://streetsounds-enc.com/policies/shipping-policy"

Once products are transferred to the shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Street Sounds, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Street Sounds, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Street Sounds.

Street Sounds' names, logos, product and service names, designs, and slogans are trademarks of Street Sounds or its affiliates or licensors. You must not use such trademarks without the prior written permission of Street Sounds.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and over which we have no input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services, resources, or content on third-party websites.

Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Street Sounds is powered by Shopify, which enables us to provide the Services to you.

Any sales and purchases you make through our store are made directly with Street Sounds. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Street Sounds, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Street Sounds, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our "https://streetsounds-enc.com/policies/privacy-policy"

Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in other countries than where you reside in order to provide services to you.

Please review our "https://streetsounds-enc.com/policies/privacy-policy" for additional information about how Street Sounds, Shopify, and our partners use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

1. You own or have all necessary rights to the Feedback;
2. You have disclosed any compensation or incentives received in connection with your submission of Feedback; and
3. Your Feedback complies with these Terms.

We are under no obligation to:

1. Maintain your Feedback in confidence;
2. Pay compensation for your Feedback; or
3. Respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm our employees or any other person;

(e) to transmit false or misleading information;

(f) to knowingly receive, upload, download, use, or re-use material that does not comply with these Terms;

(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm Street Sounds, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, or pretext the Services;

(e) use robots, spiders, scraping or data-gathering tools, automatic devices or processes, AI tools, automated agents, or other automated or manual means to access the Services; or

(f) interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated these Terms.

SECTION 14 - AGENTS

14.1

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements in Section 14.4.

In addition, no Agent may access, use, or interact with any Service if we have requested that the Agent refrain from accessing, using, or interacting with that Service.

14.3

We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4

Agents must:

(i) identify that the request is from an Agent in all HTTP/HTTPS requests and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]";

(ii) not conceal or obfuscate that access, use, or interactions are from an Agent, including by mimicking human behavior or interaction patterns or completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from humans;

(iii) respond truthfully to questions or prompts seeking to determine whether interactions are coming from a human or a computer; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

EXCEPT AS EXPRESSLY STATED BY STREET SOUNDS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STREET SOUNDS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Street Sounds, its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorney’s fees) arising from:

1. Your use of and access to the Services
2. Your violation of any term of these Terms of Service
3. Your violation of any third-party right, including intellectual property or privacy rights

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of Street Sounds to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and Street Sounds and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent will be null and void.

Street Sounds may assign or transfer these Terms at any time without notice or restriction.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions.

SECTION 23 - HEADINGS

The headings used in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Street Sounds
Operated by Street Sounds IV Inc.
2402 Trent Rd
New Bern, NC 28562
United States

Phone: 252-672-8895
Email: support@streetsounds-enc.com