POLICIES, TERMS AND CONDITIONS: COPYRIGHT AND TRADEMARK NOTICE Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of WAARBA®., Copyright © 2011, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. WAARBA® is a registered trademark. CREDIT CARDS We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. INTERNATIONAL ORDERS WAARBA has partnered with a trusted third-party company, International Checkout, to fulfill orders for our International customers. Simply put the items you wish to purchase in our Shopping Cart and choose the "International Checkout" option. Your items will be transferred to International Checkout for processing. You may pay by International credit card, PayPal or bank transfer. International Checkout will process your order, including billing, shipping and customer service. Once your order is completed, all inquiries should be directed to International Checkout at support@internationalcheckout.com. WHICH COUNTRIES DO YOU SHIP TO? International shipping is currently available WORLDWIDE from WAARBA. Our third party vendor, International Checkout, will ship to all destinations around the world including APO / FPO addresses. CAN I CHECK THE STATUS OF MY INTERNATIONAL ORDER? To check the status of your order or track your package, please login to your International Checkout account at: https://www.internationalcheckout.com/login.php. WHO SHOULD I CONTACT WITH QUESTIONS ABOUT MY INTERNATIONAL ORDER? All inquiries regarding your international order should be directed to International Checkout at: EMAIL: support@internationalcheckout.com. PHONE: USA Phone: +001.310.601.8196 USA and Canada: +1.866.682.0641 UK Phone: +44.20.8133.2436 Australia Phone: +61.28003.4685 Denmark Phone: +45.36.950312 Sweden Phone: +46.4069.35779 Hong Kong Phone: +852.8175.6057 Japan Phone: +81.50.5534.6826 Finland Phone: +358.(02)3619.0437 Brazil Phone: +55.(11)3717.5368 Ireland Phone: +353.1443.3715 Mexico Phone: +52.558.421.8266 New Zealand Phone: +64.9889.0408 All Others: +001.310.601.8196 Please visit the International Checkout Customer Service page for more information and phone numbers in your area. LINKS This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we're not responsible for the operation of or content located on or through any such site. MONEY ORDERS, CASHIERS CHECKS, COMPANY CHECKS, & PERSONAL CHECKS We accept money orders, cashier’s checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier’s check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks. MULTIPLE PRODUCT ORDERS For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt. ORDER ACCEPTANCE POLICY Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. WAARBA reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. OTHER CONDITIONS These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether WAARBA® signs them or not. We reserve the right to make changes to this site and these Conditions at any time. OUT OF STOCK PRODUCTS We will ship your product as it becomes available. Ordering a product that is out of stock will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. PRIVACY WAARBA® knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the www.mywaarba.com, www.waarba.com domain or any other linked pages, features, content, or application services offered from time to time by WAARBA® in connection therewith (collectively, the "Website"), submitting information, or using any of our services, you acknowledge that you accept the practices and policies outlined in this privacy policy (the "Privacy Policy"). WHAT DOES THIS PRIVACY POLICY COVER? This Privacy Policy covers WAARBA®'s treatment of information that WAARBA® gathers when you are accessing WAARBA®'s Website as a consumer and when you use WAARBA® services as a customer (the "Information"). Also, this Privacy Policy covers WAARBA®'s treatment of your information that WAARBA®'s business partners share with WAARBA®. This Privacy Policy does not apply to the practices of third parties that WAARBA® does not own or control (such as third-party websites that you may access from the Website), or to individuals that WAARBA® does not employ or manage. WHAT INFORMATION DOES WAARBA® COLLECT? The Information we gather from consumers and customers enables WAARBA® to personalize and improve our services and to allow our consumers and customers to set up accounts on the Website. In connection with the Website, we request and display some Information to other consumers and visitors of the Website, which allows consumers to identify artists and goods on the Website. We collect the following types of information from our consumers and customers. Information You Provide to Us: We receive and store any information you enter on our Website or provide to us in any other way. The types of Information collected include, without limitation, your full name, email address, mailing address, phone number, IP address, browser information, password, contact information, credit card or bank account information, transactional information based on your activities on the Website, and media consumed on the Website including, but not limited to, media viewed, played, downloaded, uploaded, and shared. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. iNFORMATION COLLECTED AUTOMATICALLY: We receive and store certain types of information whenever you interact with our Website or services. WAARBA® automatically receives and records information on our server logs from your browser including your IP address, WAARBA® cookie information, the page you requested, and the media and or merchandise you have consumed (e.g., viewed, played, downloaded, uploaded, and shared). Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. This type of data enables us to figure out how often consumers use parts of the Website or services so that we can make the Website appealing to as many consumers as possible, and improve those services. WHAT ABOUT COOKIES? • Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. WAARBA® cookies do not collect Information, and except as necessary to investigate claims of fraud or other misconduct or as otherwise necessary to track purchases for purposes of calculating credit under our affiliate program, we do not combine the general information collected through cookies with other personal Information to tell us who you are or what your screen name or email address is. • Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website's most attractive features. • Ads and offers appearing on the Website may be delivered to consumers and customers by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by WAARBA® and does not cover the use of cookies by any advertisers or other third parties with whom WAARBA® may work. WAARBA® does not access or control such third party cookies; please refer to those companies' privacy policies. HOW DOES WAARBA® USE MY INFORMATION? The Information you provide is used for purposes such as responding to your requests for certain products and services, customizing the content you see, communicating with you about specials, sales offers, and new features, and responding to problems with our services. WAARBA® may use all of the Information that we collect from our users to understand usage trends and consumer and customer preferences, to improve the way the Website works and looks, to improve our marketing and promotional efforts, and to create new features and functionalities. WAARBA® may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed. WAARBA® may use your email address or other personally identifiable information to you promotional or marketing information or to provide you with information about a specific program or feature you have elected to participate in or receive information about. WILL WAARBA® SHARE ANY OF THE INFORMATION IT RECEIVES? Information about our customers is an integral part of our business, and we may share such Information with our corporate parent or other affiliated entities. Except as expressly described below, we neither rent nor sell your Information to other people or nonaffiliated companies. We may share your Information when we have your permission, and we may share your Information under the following circumstances: We provide Information, (i) to the content owners (e.g., artists and record labels) that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), subject to the ability of such fans to opt-out of promotional communications, and (ii) we may provide aggregate information to our partners about how our consumers or customers, collectively, use our site (e.g., we share this type of statistical data so that our partners also understand how often people use their services and our Website, so that they, too, may provide you with an optimal online experience). For the avoidance of doubt, when you purchase a particular artist's music, that artist will receive your name and e-mail address unless you opt-out of disclosing this information. An artist will also be able to identify the web page or link (included e-mail addresses to the extent a link was embedded in an e-mail) from which you have been referred to an artist's page on the WAARBA® website. AFFILIATED ARTISTS AND RIGHTSHOLDERS WE DO NOT CONTROL: We are affiliated and work closely with a variety of artists and rightsholders (e.g., record labels, music publishers, etc.). In certain situations, these businesses sell items to you through WAARBA®'s Website, for example, the labels, musicians and other artists from which you purchase or use products or services through the Website. In other situations, WAARBA® provides services, or sells products jointly with affiliated businesses. We will share Information that is related to such transactions with that affiliated business unless you expressly opt-out of such disclosure. THIRD PARTY SERVICE PROVIDERS: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples of such information include, without limitation, fulfilling orders, delivering packages, sending postal mail and email, analyzing data, processing credit card information, and providing customer service. Unless we tell you differently, such third party service providers do not have any right to use Information we share with them beyond what is reasonably necessary to assist us. You hereby consent to our sharing of Information for the above purposes. BUSINESS TRANSFERS: If WAARBA®, or all or any portion of its business or assets, are acquired, sold, or otherwise transferred, including in any merger or other transaction, or in the unlikely event that WAARBA® goes out of business or enters bankruptcy, consumer and customer Information would be one of the assets that is transferred to or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge and agree that such transfers may occur in any of these circumstances, and that any acquirer or successor or other party acquiring all or any portion of WAARBA®'s business or assets may continue to use your Information as set forth in this policy. PROTECTION OF WAARBA® and OTHERS: We may release Information when we believe in good faith that release is necessary to comply with any applicable laws, rules or regulations; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of WAARBA®, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. OPT-IN FOR PROMOTIONS: We do not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. WITH YOUR CONSENT: Except as set forth above, you will be notified when your Information may be shared with third parties, and will have the option of preventing the sharing of this information. IS INFORMATION ABOUT ME SECURE? Your WAARBA® account Information is protected by a password for your privacy and security. You need to protect unauthorized access to your account and Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. If you share your password or your Information with others, remember that you are responsible for all actions taken in the name of your account. If you lost control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if you password has been compromised for any reason, you should immediately notify WAARBA® and change your password. WAARBA® attempts to protect user information to ensure that user account information is kept private; however, WAARBA® cannot guarantee or ensure the security of user account information. Not even the U.S. government appears capable of securing highly sensitive personal and national security information from unauthorized access, use, and exploitation. Unauthorized entry or use by third parties, hardware or software failure, and other factors may compromise the security of user information at any time, including your Information. WHAT INFORMATION CAN I ACCESS? WAARBA® may allow you to access certain information about you through the member dashboard (for artists), and/or customer accounts, for the purpose of viewing, and in certain situations, updating that information. WHAT CHOICES DO I HAVE? As stated previously, you can always opt not to disclose Information to us; provided, however, that in order to purchase goods from us as a customer or to make goods available for sale as a client, you will have to provide us with Information. If you are unwilling to provide Information, then you cannot purchase or sell goods through the WAARBA® managed domains. You are able to add or update certain information on pages, such as those listed in the "What Information Can I Access" section above. When you update information, however, we often maintain a copy of the unrevised information in our records. You may request deletion of your WAARBA® account by contacting WAARBA®'s customer support at info@waarba.com. Please note that some information may remain in our records after deletion of your account. You will be able to opt-out of receiving e-mail notices or solicitations from WAARBA® or our affiliates by responding to a link included in each e-mail notice or solicitation. CHANGES TO THIS PRIVACY POLICY WAARBA® may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your Information and will always be available at http://www.waarba.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an e-mail notice to the e-mail address associated with your account. You and all consumers and customers are bound by any changes to the Privacy Policy when you or they use the Website after such changes have been first posted. THIRD PARTY ADVERTISERS; LINKS TO OTHER SITES: The Website contains links to other sites, including the sites of the bands, musicians and other artists from which you purchase or use products or services through the Website. WAARBA® is not responsible for the privacy policies and/or practices on other sites (including the bands, musicians and other artists from which you purchase or use products or services through the Website). When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website. CHILDREN: Consistent with the federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we will never knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to WAARBA® through the Website represents that they are 13 years of age or older. NOTE TO INTERNATIONAL USERS: The Website is hosted in the United States. If you are a customer or client accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions. By providing your personal data to WAARBA® through the Website, you consent to: the use of your personal data for the uses identified above in accordance with the Privacy Policy; and the transfer of your personal data to the United States as indicated above. PRIVACY ON OTHER WEBSITES: Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. WAARBA is not responsible for the actions of third parties. RETURNS WAARBA® COMMITMENT TO CUSTOMER SATISFACTION: We at WAARBA® are committed to make a full, honest attempt to create 100% customer satisfaction. We will make every attempt possible to resolve the issue if we made a mistake (It happens). Please do not assume a mistake is intentional. Let us know if our service could be better!! We give you the information that is supplied by our vendors/manufacturers. If this information is incorrect, please contact us so that we can update the information on our website, and with the manufacturer/vendor. RETURN/REFUNDS POLICY: We try to list full and accurate representation of the items shown on the WAARBA® Online Store. Please read carefully, and feel free to contact us if you have any questions and/or concerns. All sales are final. If an exchange is needed, buyer must pay return shipping fees. A refund can only be considered if: Refund request explains customer issue with product or service The refund request is made within 7 days of customer receipt; The item is unused/unworn with tags still attached; The item is still in its original packaging. If a refund is given it will only be for the cost of the item. Shipping/handling is non refundable. Restocking and other fees may be charged. If there is a problem, we can work together to resolve the problem. We take pride in our effort to be extremely fair and always try to work with our reasonable customers. We strive for harmonious relations and even some friendships. CANCELLATION POLICY: To cancel your order you must send an email to info@waarba.com within 24 hours of when you first placed your order or call 931-2WAARBA (922722). If your order has been already processed we are not responsible for the shipping costs incurred. Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information (phone, email) so that we may contact you if we have questions in regards to canceling your order. Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email or phone), and your order was shipped out after, we will gladly refund the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped, we will refund the merchandise total less shipping. SPECIAL ORDERS CANCELLATIONS: Will be at the discretion of WAARBA®, a restocking fee may be charged. For custom and special orders please call 931-2WAARBA (922722). TAXES: WAARBA shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of New York. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. TYPOGRAPHICAL ERRORS: In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, WAARBA® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. WAARBA® 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, WAARBA® shall immediately issue a credit to your credit card account in the amount of the incorrect price