Privacy Policy and Terms of Use

We won’t ever rent, sell, spam, or share your email address!

Privacy matters. PowerMusic.com and Power Music Now App recognizes the importance of our customer’s privacy and takes a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for personal information collected online, through the mail, in person, and through PowerMusic.com wholesale accounts.

PowerMusic.com and Power Music Now App Privacy Policy

Power Music, Inc., subsidiaries and affiliates (collectively, "Power Music"), believes in protecting the privacy of its customers. The purpose of this privacy policy is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information, such as, how to “opt out” of future communications, and how to update and delete your personal information.

By visiting the Site, you are consenting to the practices described in the current version of this privacy policy. If you have visited the Site previously, please review the privacy policy again to be sure you are familiar with its present terms.

If you have any questions or concerns about the privacy or security of your information, you may contact us.

Non-Personal Information that We Collect

We automatically collect non-personally identifiable information from you when you visit our Site. This information includes your Internet Protocol ("IP") address, which is the number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer our Site.

We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive so that it can remember something about you while you are using the Site or when you return to the Site. Cookies make it easier for you to use our Site. We use a cookie in order to retain the contents in your shopping cart while you are checking out other areas on our Site. When you are done, the products in your cart are still there for you to buy. We also use cookies to gather certain aggregate usage information about the numbers and frequency of visitors to our Site and individual pages of our Site. This data helps us improve the appearance and usability of the Site. These cookies do not collect personally identifiable information, nor do we combine information collected through these cookies with other personally identifiable information about you.

Power Music, its advertisers, and ad servers may also use cookies, as well as files called "Web beacons" or "clear gifs" to determine on an anonymous basis which advertisements and promotions our Site users have seen and how users responded to them. However, we do not use these technologies to collect personally identifiable information.

Personal Information that We Collect

We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order, or when we otherwise communicate with you. For example, through order forms on our Site and in our catalog, and through signups for our mailing list in person, and through our wholesale accounts, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).

Information from Other Sources

Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or catalog more easily.

Uses of your Information

Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see "How to remove your name from our mailing, sharing or email list" below.

If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with Power Music that you may find of interest, and of other events taking place in our store. If you currently receive our emails and do not wish to continue receiving them, please see the "How to remove your name from our mailing, sharing or email list" section below.

We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive catalogs or other mailings from us, please see the "How to remove your name from our mailing, sharing or email list" section below.

Disclosures of Your Information

We do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:

  • Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our Site, taking orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
  • Affiliates and Partners: Sometimes we send offers to selected groups of Power Music customers on behalf of our affiliated companies and on behalf of other nonaffiliated partners.
  • For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Power Music, our customers, our employees or others.
  • Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Power Music, Inc. or substantially all of its assets are acquired, customer information will, of course, be one of the transferred assets.
  • Power Music Now App: In order to pay royalties on music played through your Power Music 1 subscription service and our Power Music 1 app, we collect playback data including Song Titles and Song ID, and time stamp markers to calculate Playback time.

How to Remove your Name from Our Mailing, Sharing or Email List

Our Site provides you the choice to receive communications from us at the point where we request information about you.

Remove

Our Site gives you the following options for removing your information from our database to not receive future communications, or to no longer receive our service, or to not share your name and address with other companies.

  1. You may send an email to [email protected]
  2. You may send mail to the following address:Customer Service 380 North 200 West Ste 207 Bountiful, UT 84010
  3. You may call the following telephone number: 1-800-777-2328

How to Correct your Name from Our Mailing, Sharing or Email List

This Site gives you the following options for changing and modifying information previously provided.

  1. You may send an email to [email protected]
  2. You may send mail to the following address:Customer Service 380 North 200 West Ste 207 Bountiful, UT 84010
  3. You may call the following telephone number: 1-800-777-2328

Protection of Personal Information

We want you to feel confident about using PowerMusic.com or making purchases from Power Music, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.

Children's Privacy

PowerMusic.com does not sell merchandise for purchase by children. If you are under 18, you may use our website only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links

If any part of the PowerMusic.com Web site links you to other Web sites, those Web sites do not operate under this privacy policy. We recommend that you examine the privacy statements posted on those other Web sites to understand their procedures for collecting, using, and disclosing personal information.

Changes to this Privacy Policy

PowerMusic.com may update this privacy policy in the future. We will notify you about material changes to this privacy policy by sending a notice to the e-mail address you provided to us or by placing a prominent notice on our Web site.

POWER MUSIC NOW Terms of Use

Last updated: December 01, 2018

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the POWER MUSIC NOW mobile application (the "Service") operated by Power Music, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Power Music, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Power Music, Inc. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Power Music, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Power Music, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Power Music, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Power Music, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Power Music, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Power Music, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Power Music, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Power Music, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Power Music, Inc. on a case-by-case basis and granted in sole discretion of Power Music, Inc..

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Power Music, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Power Music, Inc..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Power Music, Inc.

Power Music, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Power Music, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Power Music, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Power Music, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Power Music, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

How to Contact Us

If you have any questions or concerns about the privacy or security of your information or terms of use, you may contact us in any of the following ways

  1. You may send an email to [email protected]
  2. You may send mail to the following address: Customer Service PO Box 82, Clearfield, UT 84089
  3. You may call the following telephone number: 1-800-777-2328 or (801) 292-2418
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