INTRODUCTION; CONSENT TO TERMS OF USE

These Terms of Use (the “Terms of Use”) apply to the Lost Cowgirl Records, LLC site located at LostCowgirlRecords.com. LostCowgirlRecords.com is the property of Lost Cowgirl Records, LLC, its affiliates, subsidiaries, and licensors. Please read these Terms of Use carefully before using the LostCowgirlRecords.com. By using LostCowgirlRecords.com, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use LostCowgirlRecords.com and you must exit the LostCowgirlRecords.com immediately. We reserve the right, at our discretion, to change, modify, add or delete portions of these Terms of Use at any time by posting updated terms of use on LostCowgirlRecords.com. Any changes, modifications, additions, or deletions to these Terms of Use shall be effective immediately upon their posting under this section of LostCowgirlRecords.com, so please check these Terms of Use frequently for updates. Your continued use of LostCowgirlRecords.com following the posting of updated Terms of Use shall mean that you agree to those changes.

 

RESTRICTIONS ON USE OF WEB SITE CONTENTS

All text, graphics, images, video, user interfaces, visual interfaces, photographs, trademarks, service marks, trade names, trade dress, logos, sounds, music, downloaded music, music samples, artwork, software, metadata information, and other copyrightable material (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on LostCowgirlRecords.com is owned, controlled, or licensed by or to Lost Cowgirl Records, LLC, or its parent, subsidiary, or affiliated companies and/or third-party licensors, and such Content is protected by U.S. and international copyright laws, trade dress and various other intellectual property rights. All rights reserved. All Content is sublicensed to end users and not sold, notwithstanding use of the terms “sell,” “purchase,” “order,” or “buy” on LostCowgirlRecords.com or these Terms of Use.

 

Except as expressly provided in these Terms of Use, no part of LostCowgirlRecords.com and no Content may be copied, reproduced, republished, uploaded, transmitted, publicly displayed, posted, encoded, or translated or distributed to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Lost Cowgirl Records, LLC.

 

You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto associated with or provided to you in order to access any of LostCowgirlRecords.com.

 

You may not use any Lost Cowgirl Records service marks, logos or graphics without Lost Cowgirl Records’ prior written consent.

 

Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others of us. All messages transmitted through our website should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages.

 

No user of our services or site may (1) take any action that imposes an unreasonable load on the site’s infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site; (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the site; or (4) delete or alter any material posted by any other person or entity.

 

In addition, LostCowgirlRecords.com contains Content provided by third party content providers or End Users. Such Content is not warranted to be free from errors, other deficiencies or potential interruptions. In no event should the availability of such information and materials be construed as an indication that they have been validated by Lost Cowgirl Records, LLC or represent the views of Lost Cowgirl Records, LLC. Lost Cowgirl Records, LLC reserves the right to remove or edit anything that is in violation of these Terms of Use or other policies of Lost Cowgirl Records, LLC.

 

FRAMING

Lost Cowgirl Records, LLC does not allow framing of LostCowgirlRecords.com.

 

LINKS TO AND FROM LOSTCOWGIRLRECORDS.COM

Lost Cowgirl Records, LLC sometimes permits third parties to link to content on LostCowgirlRecords.com. Such linking does not, and should not be construed to, suggest that Lost Cowgirl Records, LLC promotes or endorses any third party’s web sites, products or services.

 

In addition, Lost Cowgirl Records, LLC provides links to Internet sites maintained by third parties. Lost Cowgirl Records, LLC has no control over such third party web sites, which take you outside of our service. Such linking may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves LostCowgirlRecords.com the site you will land on is not controlled by Lost Cowgirl Records, LLC and different terms of use and privacy policies may apply. By clicking on links to other sites, you acknowledge that Lost Cowgirl Records, LLC is not responsible for those sites.

 

We make no representations concerning the content of sites linked from, to or listed on LostCowgirlRecords.com. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in such sites.

 

FORUMS, DISCUSSIONS AND USERS’ REVIEWS

If you submit information to our site, you agree not to: (1) post or transmit anything that is defamatory, libelous, abusive, unlawful, obscene, threatening, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls, or any other method of communication.

 

YOUR ACCOUNT

Certain features or services offered on or through the Lost Cowgirl Records Web Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Lost Cowgirl Records, LLC immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Lost Cowgirl Records, LLC or any other user of or visitor to LostCowgirlRecords.com due to someone else using your ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

 

LostCowgirlRecords.com is designed for adults who make purchases for themselves and for others, including children. Lost Cowgirl Records, LLC is concerned about the privacy of children and does not knowingly solicit or collect any personal information on individuals 17 or younger.

 

If you are under 18, you may use LostCowgirlRecords.com only with the involvement of a parent or guardian. Lost Cowgirl Records, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Additional information regarding privacy and the collection of personal information is located in our Privacy Policy.

 

LOST COWGIRL RECORDS, LLC E-COMMERCE

 

PRODUCT DESCRIPTIONS

Lost Cowgirl Records, LLC and its content providers attempt to be as accurate as possible with the product information provided. However, Lost Cowgirl Records, LLC does not warrant that product descriptions or other content of LostCowgirlRecords.com are accurate, complete, reliable, current, or error-free. If a product offered by Lost Cowlgirl Records is not as described, your sole remedy is to return it in unused condition.

 

PRICING

Regular, sale, and clearance prices for products on LostCowgirlRecords.com are based on Lost Cowgirl Records, LLC’s vendors.

 

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other dynamic discounting. Therefore, prices on the product detail page and in your bag may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time; prices are reserved only by placing an order.

 

PRICING ERROR AND INACCURACY DISCLAIMER

Information at LostCowgirlRecords.com may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, LostCowgirlRecords.com will cancel your transaction. We apologize for any inconvenience. If you are not fully satisfied with your purchase due to any errors or inaccuracies, you may return it as an Incorrect or Defective Item. Please see our Return Policy for further information.

 

RISK OF LOSS

All items purchased from LostCowgirlRecords.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. In the case of products that carry no such shipment or dispatch contract, risk of loss and title will pass to you immediately upon completion of the financial transaction during the purchase process.

 

REPRESENTATIONS AND WARRANTIES; INDEMNITY

You represent, warrant and covenant (a) that no materials of any kind submitted through your account or by you to LostCowgirlRecords.com will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (b) contain libelous, abusive, vulgar, obscene or sexually explicit language or otherwise unlawful material. You hereby indemnify, defend and hold harmless Lost Cowgirl Records, LLC, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Lost Cowgirl Records, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Neither Lost Cowgirl Records, LLC nor any of its parent, affiliate, or subsidiary companies represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through LostCowgirlRecords.com by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

 

DISCLAIMER WARRANTIES AND LIMITATION OF LIABILITY

LOSTCOWGIRLRECORDS.COM AND USE ANY OTHER PRODUCTS OR SERVICES ARE PROVIDED BY LOST COWGIRL RECORDS, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOST COWGIRL RECORDS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LOSTCOWGIRLRECORDS.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON LOSTCOWGIRLRECORDS.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF LOSTCOWGIRLRECORDS.COM IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOST COWGIRL RECORDS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOST COWGIRL RECORDS, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LOSTCOWGIRLRECORDS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOST COWGIRL RECORDS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Lost Cowgirl Records, LLC:

 

To be effective, the notification must be a written communication that includes the following:

 

1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

 

2) a description of the copyrighted work that you claim has been infringed.

 

3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material including a unique identifier such as SKU or ISBN.

 

4) information so that we can contact you, such as address, telephone number and e-mail address.

 

5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

INTERNATIONAL USERS

LostCowgirlRecords.com is controlled and operated within the United States of America. We make no representation that content, materials, or products available on or through LostCowgirlRecords.com are appropriate or available for use outside of the United States of America. If you access LostCowgirlRecords.com from a location outside the United States of America, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

 

MISCELLANEOUS PROVISIONS

Lost Cowgirl Records, LLC's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on LostCowgirlRecords.com should be construed to alter such agreements.

 

These Terms of Use, together with the Privacy Policy and Help section of LostCowgirlRecords.com, represent the entire understanding of the parties regarding the use of LostCowgirlRecords.com and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Kansas, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.

Privacy Policy

OUR COMMITMENT

Lost Cowgirl Records, LLC understands how important it is to keep your personal information confidential, especially online. Our commitment to protecting your privacy is outlined in the policies below. Because our privacy policy may be updated periodically, we encourage you to review these pages on a regular basis. These privacy policies apply to the Lost Cowgirl Records, LLC website: www.LostCowgirlRecords.com.

 

INFORMATION COLLECTED AND HOW IT’S USED

 

YOUR IP ADDRESS

An IP (Internet Protocol) address is automatically assigned to your computer every time you establish a connection on the Internet. Lost Cowgirl Records, LLC uses your IP address to help diagnose problems with our server and to administer our website. Lost Cowgirl Records, LLC does not link your IP address to any identifiable personal information. Your IP address is used to help identify you and to gather broad demographic information.

 

COOKIES

In computer language, a cookie is used to store data on your computer's hard drive. We use cookies to store your e-mail ID or a unique identifier on your computer so that you don't have to re-enter it each time you visit LostCowgirlRecords.com. We never use cookies to capture or contain personal information from your computer. The only personal information Lost Cowgirl Records, LLC has is what you give to us.

 

YOUR ACCOUNT

When you establishing an account with Lost Cowgirl Records, LLC or requesting information from LostCowgirlRecords.com, you will be asked to submit a request with your contact information address. We may also ask you to provide us some technical, commercial or other interest-based information. Providing such information is optional, however, the more we know about you the better we can provide the products and services you want most and service your business needs. We use your customer contact information to respond to your e-mail requests and to reach you if we need additional information to complete your product request. Any financial information collected is used only for billing products and services you purchase at LostCowgirlRecords.com. We may also contact you about promotional or upcoming events, or to take part in on-line focus groups or surveys. You may opt-out of these mailings as outlined below in the choice/opt-out section.

 

SECURITY OF YOUR PERSONAL INFORMATION

The security of your personal information is important to us. When you enter sensitive billing information on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

 

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after receipt. However, no method of transmission over the Internet or method of electronic storage is 100% secure and we cannot guarantee its absolute security.

 

EXPUNGING YOUR INFORMATION FROM OUR RECORDS

To discontinue any e-mail, please send an e-mail to info@LostCowgirlRecords.com, or use one of the alternate contact methods listed below to remove your contact information from our database provided we have completed all your pending transactions. Please note, however, that information is never completely removed from our history and disaster recovery archives. We also need to retain sale information for tax records.

 

DISCLOSURE OF INFORMATION TO THIRD PARTIES PERSONAL INFORMATION

Lost Cowgirl Records, LLC defines personal information as your name, e-mail address, mailing address, method of payment, and any other information that identifies you. Lost Cowgirl Records, LLC does not sell, trade, rent, or release your personal information to third parties. If we were to ever do so, you will have the opportunity to opt-out beforehand.

 

SOCIAL NETWORKS/ONLINE COMMUNITIES

We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. We may also enable you to post content from some of our sites to your profile on other social networks. You can access these services from our sites using Facebook, Twitter, Instagram, SoundCloud, YouTube, or other Open ID providers. These services will authenticate your identity and allow you to post and share certain personal or other information with that site. Please be aware that the privacy policy of that site will apply to any content you provide them in these instances. We do not allow these services to provide any personal information or content back to our sites or your profile with us unless you agree.

 

CHOICE/OPT-OUT

You may choose to stop receiving newsletters, updates or marketing emails by following the unsubscribe instructions included in these emails. Some sites also allow you to change your email preferences within your online profile.

 

If you choose to join a mobile marketing list, please be aware that there are usually costs associated with receiving SMS (text) or MMS (multimedia) messages depending on your wireless carrier and plan. You should check with your mobile carrier to determine what charges apply before signing up to receive our updates via your mobile phone. If you would like to stop receiving messages from us on your mobile phone, please reply to the message with “STOP.” You may also contact your wireless carrier for additional information on receiving or stopping mobile messages.

 

TRANSACTIONAL INFORMATION

Lost Cowgirl Records, LLC transactional information, such as traffic patterns, sales, aggregate data regarding general shopping patterns, and other site information may be shared with vendors and other reputable third parties. This data will never contain any identifiable personal information of LostCowgirlRecords.com guests. For example, we might share statistics on how many customers purchased a specific service, but we will not specifically disclose who purchased the product.

 

LEGAL ISSUES

Lost Cowgirl Records, LLC discloses personal information when required by law or in the good faith belief that such action is necessary for the following reasons:

to conform to the edict of the law or comply with a legal process served on Lost Cowgirl Records, LLC or LostCowgirlRecords.com; to protect and defend the property rights of Lost Cowgirl Records, LLC, LostCowgirlRecords.com, or that of LostCowgirlRecords.com guests; or to act under exigent circumstances to protect the personal safety of LostCowgirlRecords.com guests, employees, or the general public.

 

POLICIES ON OTHER SITES

Lost Cowgirl Records, LLC has no control over, nor does it bear any of the responsibility for the privacy policies and/or content of any sites or advertisers linked to or on our site. Lost Cowgirl Records, LLC also takes no responsibility for the cookies these sites or advertisers might deposit on your hard drive.

 

Links to Other Site(s) - Our site(s) includes links to other site(s) whose privacy practices may differ from those of Lost Cowgirl Records, LLC. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any site you visit.

 

CHILDREN

We do not attempt to collect any personal information from those under the age of 13. If you feel that we have unknowingly collected information from someone under the age of 13, please contact us immediately and this information will be removed.

 

For more information on how to protect your children online:

 

Visit www.OnGuardOnline.gov for social networking safety tips for parents and youth.

 

PUBLIC TERMS

LostCowgirlRecords.com may make chat rooms, forums, message boards, and/or news groups available to our users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal or sensitive information.

 

SAFETY AND SECURITY: YOUR CONSENT AND CONTACTING US

You consent by using LostCowgirlRecords.com, you consent to the collection, storage, and dissemination of personal data as described above. We will post any changes to our privacy policy on this page so you can readily review the most current policy. Lost Cowgirl Records, LLC reserves the right to e-mail you regarding changes to our privacy policy or any other matters Lost Cowgirl Records, LLC considers necessary for the administration of the site.

 

HOW TO CONTACT US

If you have questions regarding our privacy policy, please contact info@LostCowgirlRecords.com. You can also use this e-mail address to Remove your contact information from our database; and/or notify us of updates to any of your personal account information.

 

You may also contact us as follows:

 

U.S. Mail:

 

Lost Cowgirl Records, LLC

Attn: Webmaster

[STREET]

[CITY, STATE, ZIP]

Terms of Use

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