SMOKE x MIRRORS TERMS OF USE

 

1. GENERAL

The following terms, conditions and any other policies that are adopted by Sunshine Records LLC d/b/a Smoke X Mirrors ("Smoke X Mirrors", "us", "our" or "we") and made available as provided herein (collectively the "Terms of Use") shall apply to the use of the Smoke X Mirrors website, located at www.smokexmirrors.com (“the Web Site”), and all sales of Smoke X Mirrors products that you ("Customer" or "you") may order from Smoke X Mirrors either (a) by phone (1-212-MIRRORS) via our customer service center (the "Customer Service Center") or (b) via our Web Site.  These Terms of Use constitute a legal agreement between you and Smoke X Mirrors.

When you use this Web Site, you are automatically agreeing that your access to the Web Site and your use of it, including placing any orders, are subject to and governed by the legally binding terms and conditions of this Terms of Use, which Smoke X Mirrors may change or modify at any time in its sole discretion.  The Terms of Use applicable to an order placed through the Web Site are those in force at the time you place your order.  Please refer to this page frequently to review our current Terms of Use. Customers wishing to use the Web Site will also be deemed, by virtue of such use, to have agreed to be bound by our  PRIVACY POLICY , which is incorporated into these Terms of Use.

2. PURCHASING ELIGIBILITY

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or reside in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Customer Service Center or on the Web Site. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Terms of Use. Any orders placed in contravention to this provision shall be null and void.

By placing an order through the Web Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Smoke X Mirrors products or purchase Smoke X Mirrors products for commercial purposes or any other commercial benefit. If Smoke X Mirrors believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that a Customer is engaging in fraudulent or grey market activities, then Smoke X Mirrors may refuse such order.

3. PRODUCT AVAILABILITY; QUANTITY

All orders placed through the Web Site are subject to availability and acceptance by Smoke X Mirrors.

Smoke X Mirrors reserves the right to change the products listed on the Web Site without prior notice and/or may limit from time to time the quantity of Smoke X Mirrors products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) products in a single buying session on the Web Site.

The product pages of the Web Site can provide you with information regarding products that are currently available.  Smoke X Mirrors may not have available all products listed on the Web Site. Products that are unavailable will typically display a “Coming Soon” or “Out of Stock” notice, as applicable, on the product pages.  Unavailable products cannot be backordered.  Only merchandise displaying an "Add to cart" button is available for purchase through the Web Site. Smoke X Mirrors may modify or discontinue any products on the Web Site. If Smoke X Mirrors discontinues a product you have ordered, Smoke X Mirrors will give you a pro-rated refund for any product purchased but not yet shipped.

You may also call the Customer Service Center (1-212-MIRRORS) and a Smoke X Mirrors representative will provide you with further information as to product availability and assist you with your purchase.

4. ACCOUNT REGISTRATION

To place an order through the Web Site, you may either (1) register and create an online account at www.smokexmirrors.com, or (2) place an order as a guest without creating an account via guest checkout. To create an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.  As a registered customer, your shipping addresses and billing information will be stored for future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.

Upon completion of your account registration on the Web Site, you will receive by email a one-time password, which will allow you to log in to your account on the Web Site and create a permanent account login and password. You will also receive a second email summarizing the information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Smoke X Mirrors will not be held responsible or liable for any misuse of your account resulting from a third party's access to and use of your password and account login.

If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your Web Site session. Although your information will still be stored with us, it will not be accessible to anyone else using that computer.

We may change the Personal Information required to place an order or the online registration requirements from time to time. Any changes will be posted on the Web Site. Please refer to our PRIVACY POLICY [add link] for more details about how we may use your Personal Information. Should any of the information you provide on the Web Site change, please login to your account and update such information directly on the Web Site or notify Smoke X Mirrors at the following e-mail address: [email protected] or as set out in our PRIVACY POLICY [add link]. In the event that Smoke X Mirrors reasonably suspects that a third party has unauthorized access to a Customer's account or password, Smoke X Mirrors shall immediately cancel and terminate such account, and notify you by email or telephone.

5. ORDERS

To place an order on the Web Site, please use the following steps: Once you have selected a product, click the "Add to cart" button to place the product in your online shopping bag. You may then continue shopping for other products, and add them to your shopping bag (subject to availability and quantity limits), or “Proceed to checkout" by clicking on the button. You may also remove any products you have selected by clicking on "Delete" next to the chosen product in the shopping bag. Once on the payment page, review your order details and then click the “Place your order”button.

When placing an order through the Web Site, you will be required to provide Personal Information (as defined in our Privacy Policy) as applicable, such as shipping address, billing address and payment details. You represent and warrant that all Personal Information provided to Smoke X Mirrors is true and correct to the best of your knowledge. Smoke X Mirrors and/or its third party providers may collect additional information at this time for security and anti-fraud purposes.

Notwithstanding anything to the contrary provided for herein, Smoke X Mirrors reserves the right to refuse, cancel or terminate orders at any time in its sole discretion. For example, Smoke X Mirrors may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Smoke X Mirrors suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Terms of Use.

Macintosh User Advisory

Macintosh users must place their online orders using Safari or Firefox browsers. These browsers allow us to offer our customers the highest level of security; other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience.

Download a free copy of Firefox by clicking here [provide link]. To download the latest version of Safari from your Macintosh computer, navigate to the Apple menu, and choose “software update.”

Telephone ordering

You may also purchase merchandise from our Web Site by calling us toll-free at 1.212.MIRRORS (1-212-647-7677).  We are available from 9am through 5pm, Eastern time, Monday through Friday, except for U.S. federal holidays. One of our customer service associates will gladly assist you.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Web Site are in U.S. Dollars.

Smoke X Mirrors reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and shipping costs displayed on the Web Site or quoted by the Customer Service Center at the time Smoke X Mirrors provides you with confirmation of your order will be honored by Smoke X Mirrors.

Actual shipping costs and applicable taxes will be reflected on the payment page before you place your order, and will also appear on the email you receive after placing the order (“Order Confirmation”, discussed further below). Shipping costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Shipping costs and sales and use taxes are not stated on the product pages, and will be added to the product price after you have selected your shipping options.

The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped. Thereafter, you will receive an email advising that the order has shipped (“Shipping Confirmation”, discussed further below). Please note that changes to applicable law between the date your order is placed and the date you are sent a Shipping Confirmation may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you prior to shipping the order and ask that you reconfirm your purchase.

Shipments will be carried out by a shipping company, inter alia, Fedex, UPS, USPS, DHL, etc. based on S&M sole discretion.

7. REVIEW AND CONFIRMATION

You should carefully check and confirm all details on the payment page before placing your order through the Web Site.

8. PAYMENT BY CREDIT CARD

Smoke X Mirrors accepts payment via the following credit cards: Visa, MasterCard, and American Express.

When ordering on the Web Site, you will need to enter your payment details on the appropriate form. All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Smoke X Mirrors, you will need to contact your card issuer directly to resolve this problem. Smoke X Mirrors will not be liable for any delay or non-delivery.

The amount of your purchase will be blocked on your credit card until your order is shipped.  During this time, Smoke X Mirrors (or its authorized Customer Care Partners) will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Smoke X Mirrors to perform such checks and, where Smoke X Mirrors deems necessary, to transmit or obtain information that you have provided to Smoke X Mirrors, including your credit card number, in order to authenticate your identity, validate your credit card, obtain an initial credit card authorization and authorize a particular transaction. Thereafter, you will be sent an Order Confirmation email and your credit card will be charged the applicable purchase price.

Smoke X Mirrors is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to countries sanctioned by the U.S. Any such transactions will be declined.

Smoke X Mirrors takes reasonable measures — including administrative, technical, and physical measures — to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Smoke X Mirrors uses Secure Sockets Layer (“SSL”) encryption on all web pages where Personal Information is collected. Although we will do our best to protect your Personal Information, we cannot guarantee the security of the data you transmit to us.  Any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information, please view our PRIVACY POLICY.

Payments outside of USA are handled by Grana Holding Ltd with offices at 2 Filiou Zannetou, Limassol, Cyprus.

9. ORDER CONFIRMATION

After placing an order through the Web Site, you will receive an Order Confirmation.  The Order Confirmation will include the product(s) you ordered, the order number, the price and your billing and shipping addresses.  The Order Confirmation constitutes the acceptance of your order by Smoke X Mirrors and indicates the existence of a binding sales contract.

10. COMPLIMENTARY SERVICES; PACKAGE CONTENTS

The following complimentary services are offered, free of charge, when you make a purchase and check the box indicating that the purchase is a gift.

GIFT WRAP

Packages will be gift wrapped in a Smoke X Mirrors box.

GIFT NOTE

You may personalize your order by adding a note that will be printed, in either block or script font, on a gift card included in your package.

Smoke X Mirrors will never send an invoice or payment details to the recipient of a gift of a Smoke X Mirrors’ product ("Gift Recipient").

In addition to your purchased Smoke X Mirrors product, each package may contain, if applicable: (i) related accessories; (ii) a thank you card; (iii) a document holder including the product manual and a certificate of authenticity; (iv) a warranty card; (iv) an e-store certificate; (v) a printed gift note containing your message, if so requested when you placed your order; (vi) a packing slip without price.

When ordering products on the Web Site, you will have the option to choose whether you wish to receive an invoice sent to your billing address by regular mail. If you choose not to receive an invoice, you may still request an invoice at a later time by calling the Customer Service Center (1-212-MIRRORS) or email us [email protected] with you request and contact details. Please note that Smoke X Mirrors may request that you provide proper identification as a condition to complying with such request.

11. SHIPPING POLICY

We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Smoke X Mirrors does not ship to PO boxes, APO/FPO addresses or hotels.

When estimating package delivery time, please allow time for credit approval, address verification and order processing.

We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:

//  Ground: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 1 to 7 days from the shipment date.

//  Second Day: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 2 business days from the shipment date.

//  Overnight: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 1 business day from the shipment date.

Please note that  delivery may be delayed if you have requested frame adjustment or other product customization. In such cases, a Smoke X Mirrors representative will contact you to discuss a timeframe for delivery.

You will be asked to select the shipping method as a part of the ordering process. Shipping costs depend on the location and the delivery service chosen.

Smoke X Mirrors insures each purchase from the time it is in transit until it is delivered to you. We require a signature by an adult to confirm acceptance of each Smoke X Mirrors product delivered, at which point responsibility for your purchased goods transfers to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Smoke X Mirrors in the same way as if the goods had been delivered to you.

12. SHIPPING CONFIRMATION

After Smoke X Mirrors has shipped your order, you will receive a Shipping Confirmation.  The Shipping Confirmation will include the shipping method for your package and a tracking number.

13. RETURN POLICY

In order to ensure your satisfaction, a Customer or Gift Recipient may return Smoke X Mirrors products in accordance with the return and exchange policy set forth below. Returns of Smoke X Mirrors products that are not in compliance with the conditions and timeframes set forth below will be rejected by Smoke X Mirrors and sent back to the Customer or Gift Recipient.

Return Period

Smoke X Mirrors allows the Customer or Gift Recipient to return Smoke X Mirrors products purchased on the Web Site or through the Customer Service Center within fourteen (14) days following receipt of such products, subject to the further terms and conditions set forth below.

Return Process

Products that have been purchased on the Web Site or though the Customer Service Center may be returned to Smoke X Mirrors at the following address: 846 Lincoln Road, Attn: RETURNS, 6th Floor, Miami Beach, FL 33139.

Products that have not been purchased on the Web Site or through the Customer Service Center may NOT be returned to Smoke X Mirrors.

If a Customer or Gift Recipient wishes to return a product to Smoke X Mirrors, then such person must comply

with the following steps:

1. Call the Customer Service Center at 1-212-MIRRORS or log-in to your account on the Web Site and select the option to request a Return Authorization Number (“RAN”) and obtain a return form.  A RAN and a return form are required prior to returning any product to Smoke X Mirrors.

2. Fill out the required information on the return form, list the applicable RAN and sign the form.

3. Include the completed return form, the product being returned and all materials sent with the product in the original shipment (excepting promotional items) in the original box.

4. Seal the package and affix a delivery label to it.  If you have any questions, call or email us.

5. Bring the package to a shipping location of your choice and mail it to us at the address listed above.

The Customer or Gift Recipient should retain proof of return shipment. Only merchandise received by the Smoke X Mirrors will be eligible for a refund.

Upon receiving a return shipment, Smoke X Mirrors will verify that the returned product satisfies the conditions

of the return policy and, if so, then proceed with the applicable refund or exchange.

Conditions to Return a Product

Smoke X Mirrors products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them.

Smoke X Mirrors will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.

All returns will be subject to strict Quality Control (“QC”) by Smoke X Mirrors to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Smoke X Mirrors will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies QC, Smoke X Mirrors will proceed with the applicable refund or exchange.

Refunds

Only Customers are eligible to receive refunds once a product is returned to Smoke X Mirrors. In no event will a Gift Recipient be eligible to receive a refund.

If a Customer's return complies with the return policy, Smoke X Mirrors will use reasonable efforts to credit the refund to the Customer's credit card, no later than fourteen (14) days after receipt of the returned item by Smoke X Mirrors.

Exchanges

Customers and Gift Recipients may be permitted to exchange a product purchased on the Web Site for another Smoke X Mirrors product if the product to be exchanged satisfies the conditions of the above return policy.  In order to exchange a product, either call the Customer Service Center and request a return form, or log-in to your account on the Web Site and click on the link for a return form.  Once you are in receipt of a return form, check the box for “Exchange.” Thereafter, follow steps 3 - 5 of the return policy.

Once the product to be exchanged is received by Smoke X Mirrors, Smoke X Mirrors will send an invoice which specifies the value of the original product, the price of the exchanged product, and the difference to be paid by the Customer.  If the exchanged product costs less than the original product, the Customer is entitled to receive a refund of the price difference.

A Gift Recipient that wishes to exchange a Smoke X Mirrors product should also follow the procedures set forth in the abovementioned return process. If the returned product is less expensive than the exchanged item, the Customer that purchased the gift will be refunded the difference in price.  If the original product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.

Defective products

Smoke X Mirrors has quality controls in place to ensure that each product complies with our quality criteria and has passed all our controls, both technical and aesthetic.

If nevertheless you receive a product which seems to be damaged, you may return it to Smoke X Mirrors in accordance with the return policy. Upon receipt, Smoke X Mirrors will examine the product. Please note that items that are damaged as a result of wear are not considered to be defective.

If your product is determined to be defective by Smoke X Mirrors, in its sole discretion, the following remedies will be proposed to the Customer or the Gift Recipient, as applicable:

1. Smoke X Mirrors may send you the same product in the same size, subject to availability;

2. Smoke X Mirrors may propose an exchange for another Smoke X Mirrors product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference; or
3. A Customer may request a refund of the initial purchase price.

14. REPAIRS

For any repair inquiries, please contact Smoke X Mirrors by emailing [email protected] or calling 1-212-MIRRORS.

15. PROHIBITED CONDUCT

You may use this Web Site for lawful purposes only.  You may not use the Web Site in any manner that could damage, disable, overburden or impair our servers or interfere with any other party’s use and enjoyment of the Web Site.  You may not attempt to gain unauthorized access to any information, through password mining or other methods, to which you have not been granted access.  Notwithstanding the arbitration clause herein, Smoke X Mirrors may take any and all legal action and technical remedies available to prevent or cease any violation or breach of this provision and to otherwise enforce these Terms of Use, including obtaining immediate injunctive relief without having to post a bond or show irreparable harm.

16. INTELLECTUAL PROPERTY

Ownership: All Smoke X Mirrors’ content, including but not limited to, text, images, graphics, trademarks, service marks, trade names, logos, button icons, audio clips, data compilations, user interfaces and software, is the property of Smoke X Mirrors or other third parties.  Such content may contain information which is proprietary and/or of a confidential nature and protected by copyright, trademark, patent and other federal, state and foreign intellectual property laws.

Use: Subject to the terms and conditions herein, Smoke X Mirrors grants to you a limited, revocable, non-exclusive, non-transferrable license to use the Web Site solely for personal, internal and non-commercial purposes related to placing an order or shopping on the Web Site. Unless we grant you prior written consent, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, is strictly prohibited.

You may use portions of the Web Site with a username or password or by other methods that Smoke X Mirrors may specify (“Access Methods”).  You are solely responsible for ensuring that your Access Methods are known to and used only by you.  You will be solely responsible for all acts or omissions of any person using your Access Methods, including without limitation, all transactions executed and orders placed through the Web Site using your Access Methods.  All transmissions generated by use of your Access Methods will be deemed to be authorized by you whether or not Smoke X  Mirrors acknowledges receipt of such transmission.  If your Access Methods have been lost, stolen or compromised, you will immediately notify Smoke X Mirrors.  Upon receipt of this notice, your Access Methods will be cancelled.  However, you are responsible for any actions taken through the use of such Access Methods before they are cancelled.  In Smoke X Mirrors’ sole discretion, we may terminate, revoke, suspend, modify or change any or all of your Access Methods at any time with or without prior notice.  You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software or equipment that you use to access the Web Site.

Copyright: The contents of the Web Site and other communications, electronic or otherwise, are owned by Smoke X Mirrors or other third parties and are subject to copyright protection and may not be reproduced, displayed, disclosed to third parties or published in full or in part without the prior written consent of Smoke X Mirrors.  Smoke X Mirrors grants you a limited, non-exclusive, non-transferrable license to copy its content for your personal use; however you must not remove or alter any proprietary notice included in the content.  You understand that any unauthorized use of Smoke X Mirrors’ copyrighted materials licensed hereunder may subject you to the payment of damages, attorneys’ fees and disbursements and the grant of injunctive relief against you.

Trademarks: Trademarks and service marks on the Web Site are the property of Smoke X Mirrors or other third parties, and may be registered, the subject of pending trademark applications and/or are common-law trademarks.  You are prohibited from using of any Smoke X Mirrors’ trademarks and understand that any unauthorized use of Smoke X Mirrors’ trademarks or of a third party’s trademarks may constitute infringement and may subject you to the payment of damages, attorneys’ fees and disbursements and the grant of injunctive relief against you.

17. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

SMOKE X MIRRORS DOES NOT CONFIRM THE PRICE OF A SMOKE X MIRRORS PRODUCT UNTIL AN ORDER CONFIRMATION HAS BEEN ISSUED BY SMOKE X MIRRORS, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A SMOKE X MIRRORS PRODUCT'S PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEB SITE, THEN SMOKE X MIRRORS WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY THE CUSTOMER OF SUCH CANCELLATION. WHILE SMOKE X MIRRORS ENDEAVOURS TO PROVIDE ACCURATE INFORMATION ON ITS WEB SITE, IN ADVERTISEMENTS AND CATALOGS AND VIA THE CUSTOMER SERVICE CENTER, IT MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE RELIABILTY OR COMPLETENESS OF SUCH INFORMATION. ACCORDINGLY, THE CUSTOMER'S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN OR EXCHANGE THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

18. WARRANTY DISCLAIMER

TO THE EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, OR AS EXPRESSLY SET FORTH IN ANY WARRANTRY PROVIDED WITH A SMOKE X MIRRORS PRODUCT, SMOKE X MIRRORS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS PROVIDED AND THE PROTECTION OF PERSONAL INFORMATION BY SMOKE X MIRRORS HEREUNDER.  SMOKE X MIRRORS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS PROVIDED BY SMOKE X MIRRORS HEREUNDER ARE SHIPPED AND PROVIDED “AS IS.”

IF A DEFECT IN MANUFACTURING IS IDENTIFIED IN A SMOKE X MIRRORS’ PRODUCT, THE PRODUCT MAY BE ELIGLE FOR A ONE-TIME REPLACEMENT OR EXCHANGE UNDER A ONE (1) YEAR LIMITED WARRANTY.  PRODUCTS THAT ARE ELIGIBLE FOR THE WARRANTY WILL STATE THIS INFORMATION ON THE PRODUCT’S WEB PAGE.  A COPY OF THE WARRANTY WILL ALSO BE PROVIDED WITH APPLICABLE PRODUCTS WHEN THEY ARE SHIPPED.

THE SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS FOR DEFECTIVE PRODUCTS SHALL BE THE REPLACEMENT OR EXCHANGE OF THE ALLEDEGLY DEFECTIVE PRODUCT BY SMOKE X MIRRORS.  NEITHER REPLACEMENT NOR EXCHANGE SHALL OCCUR UNLESS AND UNTIL YOU SEND THE ALLEGEDLY DEFECTIVE PRODUCT TO SMOKE X MIRRORS, AND SMOKE X MIRRORS DETERMINES, IN ITS SOLE DISCRETION, THAT THE PRODUCT CONTAINS A MANUFACTURING DEFECT.

19. LIMITATION OF LIABILITY

IN NO EVENT SHALL SMOKE X MIRRORS, OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.  IN NO EVENT SHALL SMOKE X MIRRORS’ LIABILITY FOR ANY AND ALL CLAIMS, CAUSES OF ACTION OR DAMAGES, RELATED TO USE OF THE WEB SITE AND/OR THE PRODUCTS SOLD EXCEED THE TOTAL AMOUNT THAT YOU PAID SMOKE X MIRRORS FOR THE SPECIFIC PRODUCT AT ISSUE.

20. NO CONFIDENTIALITY

Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

21. INDEMNIFICATION

You shall defend, indemnify and hold harmless Smoke X Mirrors and its affiliates, subsidiaries, successors, assigns, officers, directors, employees, representatives, agents and member from and against all claims, actions, liabilities, damages, losses, costs and expenses, including attorneys' fees and disbursements, arising out of or related to: (a) your use of the Web Site or any products or other information you obtain from the Web Site; (b) your use of and/or access to the Web Site or the products; (c) any use or alleged use of your accounts or your passwords by any person or entity, whether or not authorized by you; (d) your connection to the Web Site or products; (e) your violation or breach of any term of the Terms of Use; (f) any credit card denials, chargebacks, insufficient fund fees or other similar payment denials or disputes whether incurred by you or someone who has used your user name and password and/or payment source; (g) your violation of the rights of any third party, including any intellectual property or privacy right, or (h) due to your gross negligence or willful misconduct.

22. ENTIRE AGREEMENT

These Terms of Use (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy), constitute the entire agreement between you and Smoke X Mirrors regarding your use of the Web Site and your purchase of Smoke X Mirrors products through the Customer Service Center or the Web Site, and supersede any prior Terms of Use or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Smoke X Mirrors in relation to such matters. No oral representation or agreement given by any party shall alter these Terms of Use.

23. NO WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

24. DISPUTES

Any dispute relating in any way to your visit to our Web Site or to products purchased through the Web Site shall be submitted to confidential arbitration in Miami, Florida. Any action must be brought within one year of the date of such cause of action or such action is waived.  Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

However, if you have in any manner violated or threatened to violate our intellectual property rights, we reserve the right to seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in such courts.

25. APPLICABLE LAW

By visiting this Web Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use, the Privacy Policy and any other policies, terms or conditions between you and us.

Copyright © 2014 Sunshine Records LLC d/b/a Smoke X Mirrors.  All rights reserved.


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