Welcome to daywind.com, a division of Daywind, Inc., ("daywind.com") daywind.com provides website features and other products and services to you when you visit or shop at daywind.com, use daywind.com products or services, use daywind.com applications for mobile, or use software provided by daywind.com in connection with any of the foregoing (collectively, "Daywind Services"). daywind.com provides the Daywind Services subject to the following conditions.
By using Daywind Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice which also governs your use of Daywind Services, to understand our practices to ensure the privacy and protection of your data.
Important Information Regarding Performance Tracks:
This site is provided by Daywind, Inc.(referred to throughout this site as "daywind.com") as a service to our customers. Please review the following basic rules that govern your use of the daywind.com site. (the "Agreement"). Please note that your use of the daywind.com site constitutes your unconditional agreement to follow and be bound by these Conditions of Use. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to these Conditions of Use. daywind.com reserves the right to update or modify these Conditions of Use at any time without prior notice to you. For this reason, we encourage you to review these Conditions of Use whenever you use this site.
Use of this Site
By accepting these Conditions of Use through your use of the site, you certify that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions of Use. daywind.com does not intentionally collect personal information about children under the age of 13. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Conditions of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. daywind.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from daywind.com on this site and other than generally available third party web browsers (e.g., Chrome, Firefox, Safari, Opera, Microsoft Internet Explorer, Microsoft Edge).
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Risk Of Loss
All purchases of physical items from daywind.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds, and Title
daywind.com does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, daywind.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
daywind.com attempts to be as accurate as possible. However, daywind.com does not warrant that product descriptions or other content on any Daywind Service is accurate, complete, reliable, current, or error-free. If a product offered by daywind.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing and Content Information
While daywind.com strives to provide accurate pricing information, pricing or typographical errors may occur. daywind.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, daywind.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, daywind.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
You acknowledge that the purchased goods licensed or sold on the site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the site, you agree to abide by the applicable laws, rules and regulations; including but not limited to the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by daywind.com, one of its affiliates or by third parties who have licensed their materials to daywind.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of daywind.com and is also protected by U.S. and international copyright laws.
User Reviews, Feedback, Submissions, and Other Content
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to daywind.com 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 daywind.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to daywind.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Intellectual Property Complaints
daywind.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us at [email protected].
A daywind.com account is needed to use certain Daywind Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. daywind.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Daywind Services only with involvement of a parent or guardian. Daywind reserves the right to refuse service, terminate accounts, terminate your rights to use Daywind Services, remove or edit content, or cancel orders in its sole discretion.
You agree to defend, indemnify and hold harmless daywind.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
These Conditions of Use are effective unless and until terminated by either you or daywind.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this site. daywind.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in daywind.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or daywind.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the Conditions of Use or otherwise. daywind.com's right to any Comments shall survive any termination of this Agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL daywind.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE daywind.com WEB site, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF daywind.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL daywind.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE site DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of daywind.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit daywind.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Tennessee law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of Tennessee, and you consent to the exclusive personal jurisdiction of such courts.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of Daywind Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Changes to the daywind.com Conditions of Use
The Conditions of Use were last updated on June 18, 2018. Please check our Conditions of Use periodically for changes.
Conditions of Use: MP3 Downloads
THIS IS AN AGREEMENT BETWEEN YOU AND DAYWIND, INC. (WITH ITS AFFILIATES, "DAYWIND" OR "WE"). BEFORE USING THE DAYWIND MP3 MUSIC SERVICE (THE "SERVICE"), PLEASE READ THESE CONDITIONS OF USE, ALL RULES AND POLICIES RELATED TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS SPECIFIED ON ANY PRODUCT DETAIL PAGE OR IN ANY LINK FROM A PRODUCT DETAIL PAGE), THE DAYWIND.COM PRIVACY NOTICE , AND DAYWIND.COM CONDITIONS OF USE (COLLECTIVELY, THIS "AGREEMENT"). IF YOU USE THE SERVICE, YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. The Service
The Service offers downloads of digitized versions of audio recordings and information relating to such audio recordings, and other content (individually and collectively, "Digital Content") and other services under the terms and conditions in this Agreement.
2. Digital Content
2.1 License. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use.
3. Reservation of Rights
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the service and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of downloading Digital Content.
4.1 Termination; Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Service's website. Your continued use of the service or the Digital Content after any such amendment's effective date evidences your agreement to be bound by it.