Terms of Use
These Terms of Use ("Terms") are entered into by and between Wamtones, Inc., an Arizona corporation ("Company"), doing business as Zia Records ("company", "we", "us", or "our"), and you, the user of our website and services. By accessing or using Zia Records’ website, physical locations, or services (collectively, the "Services"), you agree to these Terms of Use. If you do not agree, discontinue use immediately.
1. Licenses & Restrictions
License Grant: Zia Records grants you a limited, non-exclusive, revocable license to access the Services for personal, non-commercial use. Restrictions: You may not: Copy, modify, or distribute content without express written consent. Use automated tools (e.g., bots, scrapers) to extract data. Reverse-engineer or disrupt the Services’ functionality.
2. Trademarks
All trademarks, logos, and service marks displayed on the Services ("Marks") are owned by Zia Records or licensors. Unauthorized use is prohibited without prior written consent.
3. Content
Ownership: All content (e.g., product descriptions, images) is owned by Zia Records or licensors and protected under intellectual property laws. User-Generated Content: By submitting content (e.g., reviews), you grant Zia Records a perpetual, royalty-free license to use, modify, and publish it globally.
4. Prices
All prices are subject to change without notice. Errors in pricing or product descriptions may result in order cancellation at Zia Records’ discretion.
5. Risk of Loss
Title and risk of loss for physical products pass to the purchaser upon delivery to the carrier. Zia Records is not liable for transit damage.
6. Product Descriptions
Products are described as accurately as possible, but Zia Records does not guarantee that descriptions, images, or availability are error-free. Pre-orders are subject to availability.
7. Age of Users
The Services are not intended for users under 13. By using the Services, you confirm you are at least 13 years old. Users under 18 must have parental consent. Users MUST be 18 years and above to create and maintain an account.
8. Termination of Usage
Zia Records may suspend or terminate your access to the Services at any time, without notice, for violations of these Terms or for any other reason in its sole discretion.9. Indemnity
You agree to indemnify Zia Records, its affiliates, and employees against all claims, damages, and expenses arising from: Your misuse of the Services. Violation of these Terms. Infringement of third-party rights.
10. Password & Account Security
You are responsible for maintaining account confidentiality and all activities under your account. Notify Zia Records immediately of unauthorized access.
11. Notices
Communications will be sent to the email address associated with your account. Legal notices must be sent to: Zia Records Attn: Legal Department 3839 N. 16th Street Phoenix, AZ 85016 Email: security@ziarecords.com
12. Disclaimers & Limitations of Liability
Disclaimer: The Services are provided "as-is" without warranties of merchantability, fitness, or non-infringement. Liability Cap: Zia Records’ liability is limited to the purchase price of the product(s) in question. Consequential damages are excluded.
13. Severability
If any provision is deemed invalid, the remaining Terms remain enforceable.
14. Applicable Law
These Terms are governed by Arizona and Nevada law, without regard to conflict-of-law principles.
15. Dispute Resolution
Arbitration: Disputes must be resolved through binding individual arbitration administered by the American Arbitration Association. Class Action Waiver: Claims must proceed individually, not as class actions. Venue: Arbitration or litigation must occur in Maricopa County, AZ, or Clark County, NV.
16. Export
You agree to comply with U.S. export laws. Products may not be shipped to prohibited jurisdictions.
17. Additional Terms
Returns: Unopened or defective items may be returned within 10 days. Pre-orders are subject to availability.
Shipping: Delivery timelines are estimates only. Zia Records is not liable for delays.
18. Force Majeure
Neither party shall be liable for any failure or delay in the performance of any obligations under this Agreement, except for the obligation to make payments, if such failure or delay is caused by a Force Majeure event. For purposes of this Agreement, a "Force Majeure event" shall mean any event or circumstance beyond the reasonable control of the parties, including but not limited to:
Acts of God, such as earthquakes, hurricanes, floods, fires, or other natural disasters
Acts of terrorism, riots, civil unrest, or public disturbances
Wars, hostilities, invasions, or other armed conflicts
Government actions, including changes in laws or regulations, embargoes, or trade restrictions
Labor strikes, lockouts, or other industrial disputes
Epidemics, pandemics, or outbreaks of infectious diseases
Power outages, telecommunications failures, or transportation disruptions
Any other events or circumstances that are unforeseeable and beyond the control of the parties
The party affected by a Force Majeure event shall promptly provide written notice to the other party specifying the nature of the Force Majeure event, the expected duration, and the anticipated impact on its ability to perform its obligations. During the period of the Force Majeure event, the affected party’s obligations under this Agreement shall be suspended to the extent directly affected by the event. Both parties shall use reasonable efforts to mitigate the impact and resume performance as soon as practicable after the event ceases.
19. Acknowledgment
By using the Services, you confirm that you have read, understood, and agreed to these Terms. Updated 5/1/25.
For questions, contact Zia Records at info@ziarecords.com or visit www.ziarecords.com
