Terms & Conditions
Welcome to the Ears of Buddha Web Site (the “Site”). Ears of Buddha, LLC. (“Ears of Buddha”) provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Ears of Buddha reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Ears of Buddha website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Ears of Buddha. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the Site is intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. Ears of Buddha reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
Ears of Buddha is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Ears of Buddha.
DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Egbert Law Offices, PLLC
1001 Texas Avenue, Suite 1250
Houston, TX 77002
IMPORTANT! PLEASE NOTE:
YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:
“DMCA NOTICE OF INFRINGEMENT”
IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Ears of Buddha on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Ears of Buddha’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Ears of Buddha of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Ears of Buddha will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Ears of Buddha is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
At Ears of Buddha, our commitment is to offer convenience, service, and product availability on-line at great prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at Ears of Buddha will usually be priced the same as merchandise offered at our affiliate Ears of Buddha stores, in some cases, Ears of Buddha stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Correction of Errors and Inaccuracies
The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Ears of Buddha purchase you may return it with the original Ears of Buddha packing receipt. Please see our Return Policy.
In the event an Ears of Buddha product is listed at an incorrect price due to typographical error or systems error, Ears of Buddha shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Ears of Buddha shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Ears of Buddha shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Ears of Buddha without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
Ears of Buddha may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in Ears of Buddha account information.
Use of Site
Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Ears of Buddha or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless Ears of Buddha, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, Ears of Buddha may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Ears of Buddha, Ears of Buddha has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ears of Buddha. Ears of Buddha has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ears of Buddha seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
You can reach Ears of Buddha in the following ways:
Ears of Buddha
801 Richmond Avenue
Houston, TX 77006
We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.