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zZounds Music User Content Submission Agreement

Welcome to zZounds Music. Please read this User Content Submission Agreement carefully as you must enter into this Agreement if you want to submit reviews, digital images or other content to zZounds Music via the technology, functionality and/or features we make available to you so you can post content for display via zZounds Music (the "Service"). As used in this Agreement, "we" or "zZounds" means zZounds Music and "you" means the individual or entity submitting User Content to zZounds. Any individual or entity that wants to use the Service must accept the terms of this Agreement. Zzounds reserves the right to update and change the terms and conditions of this Agreement at any time as described in our Terms of Use Agreement. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND ALL SPECIFICATIONS AND GUIDELINES INCORPORATED BY REFERENCE.

1) Eligibility

You may only submit User Content to the Service for which you hold all intellectual property rights. You must own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights to the User Content and any other works that you incorporate into the User Content. You must have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use such person's name or likeness in the User Content for use in the manner contemplated in this Agreement. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Therefore, minors may not submit User Content to the Service. Further, you may not submit any personally identifiable information about any child under the age of 13.

2) Definitions

As used in this Agreement, (a) "Affiliates" means any entity controlled by, in control of, or under common control with zZounds Music, (b) "User Content" means all content that you submit to zZounds, including all photographs, illustrations, graphics, audio, video and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.

3) Privacy and Confidentiality

You expressly acknowledge and agree that the Service is a public service, that once you submit User Content for inclusion into the Service it will be accessible by others. If the Service provides you with the option of limiting the sharing of a particular piece of User Content at a particular time, zZounds will honor the option you have selected for that piece of User Content at that time, but any such selection shall apply only to that particular piece of User Content and not more generally to User Content across the Service. Except where this option is provided and you select it, there is no confidentiality or privacy with respect to User Content. If you include personally identifying information within User Content that you submit through the Service, where no option of limiting a particular piece of User Content is available or you have not selected the available option, you acknowledge that this information becomes publicly accessible upon submission. Once you have posted User Content it cannot be removed from the Service.

4) License Grant for User Content

You retain ownership of User Content that you submit for inclusion into the Service. However, by submitting User Content to zZounds, you hereby grant to zZounds and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) use, reproduce, distribute, transmit, publicly perform and publicly display the User Content, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the User Content, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

5) License for Name, Trademarks and Likenesses

You hereby grant to zZounds, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Content. You grant zZounds, its Affiliates and sublicensees the right to use the name that you submit in connection with the User Content, unless you have selected a privacy option as set forth in Section 3.

6) Specifications and Guidelines

You agree to submit User Content to us in accordance with all guidelines for use of the Service posted on the zZounds web site.

7) Representations, Warranties and Indemnities

You represent and warrant to zZounds and its Affiliates that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Sections 4 and 5 above, (b) you will comply fully with all terms of this Agreement, (c) the User Content submitted to zZounds by you, and zZounds's and its Affiliates' exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the User Content by zZounds and its Affiliates as permitted hereunder, (e) the User Content are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold zZounds and its Affiliates harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

8) Restrictions

We expressly reserve the right to reject, refuse to accept, remove or otherwise handle as zZounds deems appropriate any User Content that are or could be construed as violating any of the terms and conditions of this Agreement, applicable laws or our community standards. We also reserve the right to reject, refuse or remove content for any reason, as we see fit. You agree that you will not upload, post, e-mail or otherwise transmit User Content to us or our Affiliates that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

9) No Obligation

Although we have the right to include the User Content in the Service or in any Media, we have no duty or obligation, express or implied, to post, host, stream or otherwise include any of the User Content in any zZounds property. We may, in our sole discretion and for any reason, refuse the User Content or remove it from our service at any time.

10) Changes to Agreement

We reserve the right to change any of the terms of this Agreement or any Specifications or Guidelines governing the Service at any time in our sole discretion. All changes will be effective upon posting to the Agreement. If you do not agree with all the terms and conditions of this Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, the Service. If you choose to upload User Content you will be deemed to have accepted the conditions of this Agreement, including, without limitation, any changes we have made or may make. The new terms of the Agreement will govern all prior and future submissions of User Content.

11) zZounds Intellectual Property

Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, trade dress, or copyrighted material, in any manner.

12) Lost Content

zZounds is not responsible for lost, damaged, misdirected, unusable, or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything. You should not rely on zZounds as a backup, and should keep your own copies of User Content because we do not promise that User Content will be posted, accessible or preserved.

13) Communications

zZounds and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Communication Preferences" (or similar preferences or requests) you may have indicated on the web sites of zZounds or its Affiliates or by any other means.

14) Invalidity of Specific Terms

If any provision of this Agreement or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

15) Waiver

ZZOUNDS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

16) Disclaimer

ZZOUNDS PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND.

17) Miscellaneous

This Agreement will be governed by the laws of the United States of America and the state of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New Jersey, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the web sites of zZounds and its Affiliates.

This Agreement was updated on May 26, 2009 and is effective immediately.

Best Service in the Business BizRate Customer Certified (GOLD) Site
zZounds.com Factoids
Number of Names or Emails We've Sold or Given to Third Parties: 0
Seconds You'll Spend in an Auto-Attendant When You Call: 0
Seconds You'll Spend Talking to Someone Who Doesn't Know or Doesn't Care: 0
Commission Rate for the Expert Musicians Who Will Answer Your Call:0%
Percentage of Website Visitors Who Report Having Ever Seen a Lower Price: 0.2%
Percentage of Valid Orders That Ship Immediately: 96%
Ratio of zZounds Inventory to a Typical Local Store: More than 50 to 1
Number of Unedited, Unbiased User Product Reviews: 64,000+
Number of Happy Customers: 1,000,000+
Money We Lose On Shipping: A Lot
BizRate Customer Certified (GOLD) Site
Questions? Our gear experts can help!
800-zZounds (800-996-8637)
When you call, mention priority code 145S-5N40. Llame Gratis en Español: 800-460-7976
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A temporary customer reference number is assigned to each customer only while they are shopping on zZounds.com. If you call our customer service department for assistance, this number makes it easier for us to answer any questions you have about products, services or purchases.
 
close [x]What is this?
A temporary customer reference number is assigned to each customer only while they are shopping on zZounds.com. If you call our customer service department for assistance, this number makes it easier for us to answer any questions you have about products, services or purchases.
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1. zZounds offers the industry‘s most musician-friendly payment plans

zZounds offers a variety of Play as You Pay installment plans that allow you to get the gear you want today. While our competitors might offer house credit cards that require you to fill out an application and pass a credit check, our payment plans are easy to get, simple to use, and, best of all, accrue zero interest. Unlike those house credit cards that can leave you vulnerable to exorbitant interest charges once the promotional period ends, we never have and never will charge interest when you take advantage of one of the zZounds Play as You Pay plans.

zZounds payment plans details »

2. zZounds guarantees the lowest price

Seen it for less somewhere else? Get it for less at zZounds. Simply click the “Seen it for less?” link on any product page and as long as we‘re not losing money, we‘ll beat any legitimate competitor‘s lowest price, usually within two hours. Want our best price even faster? Call us at 800-zZounds (800-996-8637), and we‘ll provide you with a lower price on the phone. Also, if you purchase from us and later find the product for less elsewhere, call or email us within 45 days, and we‘ll refund you the difference.

zZounds.com price match details »

3. zZounds gets you your gear fast

At zZounds, you‘ll get your gear fast and, usually, with free delivery. Because we have warehouses in New Jersey and Nevada, nearly 75 percent of Americans reside within our two-day shipping zones. Combine this with the fact that many of our best-selling products qualify for free two-day delivery and you get expedited shipping without the additional cost.

zZounds.com shipping details »

4. zZounds makes returns super easy

Buy it, try it, like it, or return it to us for a full refund. It‘s just that simple. If you‘re not in love with what you bought, return it to zZounds within 45 days, and we‘ll promptly arrange for an exchange or a refund. No hassles. No hidden charges. And if a product‘s defective or damaged, call us at 800-zZounds (800-996-8637), and we‘ll email you a prepaid shipping label so you can easily return it to us at zero cost to you.

zZounds.com return details »

5. zZounds delivers top-rated customer service

zZounds has received multiple Bizrate® Circle of Excellence Platinum awards, placing us in the top 0.7 percent of Bizrate‘s network of 5,200 retailers. Our success in meeting the needs of our customers -- since 1996, we‘ve satisfied over 1,000,000 people -- is due in large part to the fact that zZounds only hires experienced musicians to answer your calls and emails, and they are never paid a commission.

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Need it now but short of cash? All we need is the first payment up front and the rest in easy monthly payments!

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We approve everyone, with very few exceptions, as long as we can verify your identity.
No interest. Ever.
It's just as if you paid the whole amount up front!
No paperwork. Nothing to track.
No application to mail or fax, no bills to pay. We automatically charge the payments to your credit card.

We'll wait on your money so you don't have to wait for your gear!

When you checkout, just click the Play as you Pay checkbox to indicate which installment plan you wish to use.

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Why fight traffic and pushy salesmen when we'll bring your gear straight to your home, free of charge?

zZounds free shipping is really free!
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We have warehouses on both coasts, so most shipments arrive in 3 days or less.
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Only NJ residents pay tax during checkout.
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A guarantee so solid, you never have to worry about price when shopping at zZounds

We'll beat any price
Simply click the Seen it for less? link next to the gear you want or call us at 800-zZounds (800-996-8637)
Got a coupon from another site?
Use it with us - we'll beat those prices, too!
Find a better price after buying from us?
No problem. We'll refund you the difference for 45 days, so you'll never regret buying from zZounds.

You'll still get the trustworthy service you've come to expect from zZounds, without paying more for your gear!