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Terms Of Use

Welcome to the fabulous Johnny Ferreira web site (the “Site” for short).

The Site is provided as a service to Johnny Ferreira’s fans, friends - and even his competition. But like many things in life, there is one catch; well actually several. If you do not agree to any of the terms set out below, please do not use the Site (it was tough enough to get our lawyer to come up with readable terms in the first place without having to change them). Also, your use of the Site is at your sole risk, and Johnny Ferreira and the Site operators will not have any liability to you for any reason, including any content that you feel may be inaccurate, incomplete, offensive or otherwise objectionable. And we don’t allow you to violate the security of the Site or interfere with its operation by any means - you know, spamming, viruses, crashing and other nasties.

The Site may contain various comments, feedback, articles, sound clips and submissions from you or other Site users (the “Comments”). Once the Comments are submitted, they become the Site’s property and can be used, reproduced, modified and displayed on the Site without restriction and without compensating you. If you don’t have the right to submit your Comments to the Site for posting without injuring or breaching the rights of any other person by doing so, please keep such Comments to yourself. If we do decide to publish your Comments on the Site, we won’t by doing so be automatically endorsing them in any way, unless we make a big thing about how much we like them. Of course, some Comments we sure as shootin will be disagreeing with. Any opinions contained in Comments are those of the original author- we have too many of our own.

The Site contains information which as best we can make out is accurate. However, we have been fooled before, so all Site information is provided on an “As-Is” basis, without any representation or warranty that it is accurate, complete or suitable for any purpose that you may dream up - and have we seen some doozies!

We do our best to ensure that all content that we originate on the Site, such as music clips, is either properly licensed or has had its copyright expire. If we hear otherwise we will investigate whether such content infringes any other person’s rights, and if we agree we will take appropriate action (may even get our lawyer out of bed), provided we receive written notice of such claims.

CD Sales

1. Orders: We reserve the right at any time after receipt of a CD order to accept or decline it, or to cancel your order subsequently, because of limited quantities available for purchase, faulty contact information, errors in CD or pricing information, or problems identified with your payment.

2. Permitted Use of CD’s: Your purchase of CD’s from us gives you a limited right to listen to and use the CD for your own non-commercial use. You do not receive any commercial rights in the CD or in its intellectual property, such as to publicly broadcast or make copies for resale, unless we grant you authorization in writing to do so.

3. Prices: All prices are in United States dollars. You must pay all federal and provincial sales taxes on your purchases, as applicable.
4. Refunds and Returns: All sales are final, but in lieu of refunds we will provide replacement CD’s if you return the damaged or defective CDs to us.

5. Personal Information: We need to collect personal information about you in order to sell you the requested CD’s, such as your name, contact information, credit card number and other information. We will use this personal information to process and deliver CD orders to you, process your payments, and to contact you regarding your order or to provide you with future information about our services and products. We will not provide your personal information to any other person without your consent, except to authorized sales agents that are selling our CD’s. For our complete Privacy Policy, see The 10 Privacy Commandments.

6. Shipping: The availability of any CD, and the day we receive the order with your full contact and payment information, determines when it will be shipped. Shipment is usually by regular mail using Canada Post (covered in the regular cost of the CD), unless special arrangements are made with us (additional charges may apply).

7. Purchases by Children: If any kids are into our music that’s great. However, be forewarned that their parents or legal guardians will be responsible for the children’s use of the Site, including all financial charges and legal liability incurred by their children through use of the Site or purchasing CD’s- so keep an eye on those tykes.

8. Disclaimers: Except as expressly provided, Johnny Ferreira and the Site operators disclaim all warranties, conditions and representations, express and implied, with respect to the Site, its content, and the supplied CD’s, including but not limited to merchantability and fitness for a particular purpose. (Pretty heavy huh?)

9. Limitation of Liability: Johnny Ferreira and the Site operators will not be liable to you or any other person for any indirect, special or other consequential or incidental damages, lost profits or otherwise arising from the use of the Site, its content or the CD’s. In places that do not permit such limitation of liability, the liability will be limited to the fullest extent permitted by law and in any event will not exceed the amounts you may have paid to the Site for CD’s that you ordered. (Another heavy- we try to keep them down)

10. Governing Law and Courts: This agreement will be interpreted according to the laws enforced in British Columbia, Canada (it’s a great place) and you hereby attorn to the exclusive jurisdiction of the Courts of British Columbia (they still wear the black robes here- no kiddin).

11. Notices: You agree to receive notices from the Site by e-mail or through postings on the Site- otherwise we would have to send you letters and who does that these days?

12. Language: You also agree that these Terms of Use and all documents and notices relating to them are to be in English- as they currently are. Les parties aux présentes ont expressément convenu que ce document et toute autre convention, document ou avis y afférent soient rédigés en anglais.

13. General: If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (stranger things have happened), the remaining provisions will not be affected. These Terms of Use form the complete agreement between you and us about the Site and its CD sales, and may not be changed without the written agreement of both of us.


If you got through reading all the stuff above without falling asleep we should give you a prize (and our lawyer a cookie) but we figure that the Site itself is reward enough, so enjoy and let us have your feedback.

 


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