Terms of service

TERMS OF SERVICE

Effective date: December 20th 2022

Welcome to this site, or other online service operated by Queen Musia™. These Terms of Services are a legal agreement between Queen Musia Inc., on behalf of itself and its subsidiaries and affiliates (“Queen Musia,” “us,” “our” and “we”) and you and, if applicable, the entity on whose behalf you are entering into these Terms of Service (also referred to as “your”).

PLEASE READ THESE TERMS OF SERVICE (“Terms of Service”) CAREFULLY. BY USING THIS WEBSITE, www.queenmusia.com. (“Website”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THIS WEBSITE. PLEASE NOTE THAT THESE TERMS OF SERVICE INCLUDES ALSO TERMS OF SALE IN THE DECICATED SECTION 13.

You may be accessing our website from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Service govern your use of our website and your conduct, regardless of the means of access.

IMPORTANT NOTE.


Please read carefully the sections titled “TERMS OF SALE”, “EXCLUSIONS AND LIMITATIONS OF LIABILITY”, “INDEMNIFICATION”, AND “DISCLAIMERS”.

These provisions limit our liability to you and affect how disputes are resolved. 

If for any reason whatsoever you do not agree to these Terms of Service or do not wish to be bound by them, you must not access or use our Website.

  1. OUR DETAILS

Queen Musia Inc. operates the Website.

Queen Musia Inc. is a Delaware corporation.

Our address is care of 1209 Orange St, Wilmington, New Castle, 90801 DE .

Our contact email address is customerservice@queenmusia.com

  1. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE

You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s) are aware of these Terms of Service and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Service or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.

  1. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE

We provide this Website to you subject to these Terms of Service as well as: 

  • Our Privacy Policy, which is available here. You acknowledge that all information you provide through this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website and Account registration, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
  • Our Cookies Policy, which is available here. Our cookies policy governs our use of cookies and similar technologies on our Website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
  1. CHANGES TO THESE TERMS OF SERVICE

We reserve the right to update these Terms of Service from time to time at any time, without notice, and in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter.

If you use the Website after we post a revised version of these Terms of Use, your use will be governed the revised Terms of Use. You can find out whether these Terms of Service have been revised since your last visit to this Website by looking at the Effective as of date at the top of these terms.

You must check these Terms of Service each time you access our Website in order to ensure that you are aware of the terms that apply to you at that time.

  1. YOUR ACCOUNT DETAILS

Access to and use of certain functionalities and features of the Website may require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at customerservice@queenmusia.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We reserve the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make. Our Website provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your Account and disable or delete your account through the account settings. In some instances, we may retain some of the associated account information for reporting or regulatory purposes after your Account has been disabled or deleted.

  1. INTELLECTUAL PROPERTY

All content included on the Website, including text, designs, graphics, icons, images, audio clips, downloads, interfaces, software, trademarks, service marks, trade names, logos, copyright and other intellectual property rights held by Queen Musia and the selection and arrangement of any of these, are the exclusive property of Queen Musia, its content providers, and applicable trademark owners, and is protected by United States and international copyright, trademark, and other applicable laws and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Service or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.

Queen Musia respects the intellectual property rights of others and requests that you do the same. If you believe that any content appearing on the Website has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Digital Millennium Copyright Act Agent named below:

Attn: Kia Kamran

Address: 1900 Avenue of the Stars, 25th Floor
Los Angeles , CA 90067-4301 USA

Email: kia@tunelaw.com

To be effective, the notification must include ALL the following:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. information sufficient to locate the allegedly infringing material on the Website;
  4. name, address, telephone number, e-mail address and other information necessary to permit Queen Musia to contact the person submitting the notification;
  5. a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner.

Queen Musia is under no obligation take any action based on a notification of claimed infringement if it believes in good faith that the DMCA notification is faulty or in bad faith; the absolute right and discretion to remove any information and/or material from the Website remains with Queen Musia.  

  1. RELIANCE ON INFORMATION AND CONTENT

Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

  1. CONTENT ON OUR WEBSITE

The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Website. 
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

  1. PROHIBITED USES OF OUR WEBSITE

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

You must use our Website for lawful purposes only and in accordance with these Terms of Use. You must not use our Website:

  • for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
  • for any fraudulent purposes whatsoever;
  • to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
  • to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
  • to communicate with, exploit, harm or attempt to harm minors in any way; 
  • to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability; or
  • in any way or for any purpose that breaches these Terms of Service or the terms of any of the documents these Terms of Service refer to.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  1. GEOGRAPHIC RESTRICTIONS

The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. LINKS TO OTHER WEBSITES

Links to third party content or websites may appear on our Website from time to time. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Website (“Linked Sites”). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own Terms of Service and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission).  All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Website, suitable or appropriate for use or viewing, lawful or accurate.

  1. DISPUTE RESOLUTION

If you have any dispute with or claim against Queen Musia (a “Claim”) arising out of or relating to the Website, these Terms, any product acquired through the Website, or any communications between you and us relating to the Website, and the claim is not resolved by contacting us at the contact information provided in the “How to Contact Us” section of these Terms, you and we each agree to resolve such disputes through an individual binding arbitration or an individual action in small claims court.  By using the Website, you expressly waive your right to institute class arbitrations and class actions, and your Claim may not be consolidated with any other person’s claim.  This Section 12 shall survive termination of your use of the Website or any Account that you may have.

By virtue of this Section 12, you and Queen Musia are each giving up the right to go to court and have a Claim heard by a judge or jury except in small claims court.  The provisions of this Section 13 shall constitute your and Queen Musia’s written agreement to have Claims resolved in small claims court. Any modification to this Agreement shall be in writing and signed by you and Queen Musia.

Before you commence a small claims court action with respect to your Claim, you must first send to us a written notice of your claim (“Notice”). The Notice must (1) be sent by certified mail or nationally recognized overnight delivery service; (2) be addressed to Queen Musia Inc., 1397 2nd Avenue, #244, New York, New York, 10021; (3) describe the nature of your Claim; and (4) specify the damages or other relief you seek.  You must provide such a notice within one year after your Claim accrued. Otherwise, you waive the Claim. If we and you do not then resolve the Claim within 30 days after our receipt of your Notice is received, either you or we may commence a small claims court action to resolve the Claim.

For any claim exceeding Small Claims limits, you expressly agree to have such claims heard by arbitration pursuant to Federal Arbitration Act.  Any such arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer Arbitration Rules, available at https://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award. In circumstances in which the applicable rules provide for an in-person hearing, such hearing will, take place in Sheridan, Wyoming, USA. 

If the arbitrator awards you damages that are greater than our last written settlement offer communicated before commencement of the arbitration, we will pay you the greater of $1,000 or the amount of the award.

  1. TERMS OF SALE 

The Website may offer you the opportunity to order products. In some situations, the Website may transfer you to a third party who sells products or processes payments on our behalf. This section 12 contains our term of sale “Terms of Sale” which governs all the Product purchases made through this Website. Please review this section carefully prior to making a purchase through the Website. Our store is hosted on Shopify Inc. It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment. By submitting your order, you agree to Shopify processing your order. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy). 

Product Availability and Pricing: All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Not all products are available in all models and colors. When you order a product, the price will be made clear during the order process. All prices are in U.S. Dollars. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on the Website, a price stated on a Website occasionally may be in error. If we discover such an error, we will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

Product Descriptions: Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of color. If you have any questions or complaints about any product, please contact our customer service team at customerservice@queenmusia.com

Ordering: To place an order for products on the Website, you should press the “Buy/pay now” button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website. At the checkout you will be given an opportunity to review your order, including the country of delivery, to make any amendments prior to placing an order. You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the dispatch of your products ordered. If we are unable to accept your order, we will inform you of this via email and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order. The Website is intended solely for Queen Musia to sell Queen Musia products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Queen Musia product by someone who resells, or intends to resell, the Queen Musia product to others (consumers, businesses or any third party).  If Queen Musia believes you are involved in purchase for resale, Queen Musia reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

Payment: We accept only the payment methods indicated on the Website. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

Shipping: Shipping options and applicable charges will be stated during the order process. We will send you emails with updates on your order's status as they become available. A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss and title for products purchased pass to you upon delivery.

International Shipping: Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. The list of countries that we currently deliver to will be displayed during the check-out process. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped. The risk of loss and title for products purchased pass to you upon delivery to the international carrier. Queen Musia would not be responsible for any damages or delays incurred to the products during the international shipping process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in the “How to Contact Us” section, below.

Delivery Times: Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products, is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.

Returns: Return policies are posted on the relevant Website. We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.  Return terms and policies may vary. Please check the return policy of the Website where you are making a purchase for additional details.  Where the Return terms and policies are different for a particular Website from what is stated above in these Terms, those specific Return terms and policies will control.

Disclaimer and limitation of liability: ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

  1. DISCOUNTS AND PROMOTIONS

The specific terms of any discounts or other promotions (“Promotions”) are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order. You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM HSD, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

  • YOUR USE OF OUR WEBSITE;
  • ANY CORRUPTION OR LOSS OF DATA;
  • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER); 
  • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
  • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
  • ANY LOSS OF REPUTATION OR GOODWILL;
  • ANY LOSS OF SAVINGS;
  • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
  • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

To the extent that any of the provisions of this Section 15 are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

  1. INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an Account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf):

  • your uploads, access to or use of the Website; 
  • your breach or alleged breach of these Terms of Use;
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

  1. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  • THE SERVICE;
  • THE WEBSITE CONTENT;
  • USER CONTENT; OR
  • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

NOTHING IN THESE TERMS OR YOUR USE OF THE WEBSITE ALTERS, MODIFIES, EXTENDS, GRANTS OR AMENDS ANY WARRANTIES THAT YOU MAY HAVE IN CONNECTION WITH YOUR PURCHASES OF PRODUCTS UNDER THE APPLICABLE TERMS OF SALE.

  1. AGE RESTRICTIONS 

By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this Website. By placing an order for a product, you represent that you are at least the age of majority in your country, state or province of residence.  Queen Musia and the Website do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to us through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms of Service on your behalf; you may not submit any personal information. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify Queen Musia immediately by sending an email to customerservice@queenmusia.com.

  1. SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of.  You may terminate your Account or your use of the Website at any time.

Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property on our Website, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Governing Law and any other provision that is intended to survive termination shall survive termination of these Terms of Service or your access to the Website or Account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. NOTICES

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending it to any email address that you provide to us. You agree to send us notices by email to customerservice@queenmusia.com or by mailing them to the following address: Queen Musia Inc., 1397 2nd Ave, #244, New York, NY 10021

  1. GOVERNING LAW AND JURISDICTION

These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

The state and federal court sitting in Delaware shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Service.

  1. SEVERANCE

If any part of the Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.

  1. ENTIRE AGREEMENT

These Terms of Service (including any incorporated terms or policies) constitute the entire agreement between you and Queen Musia with respect to the use of the Website and your transaction for the purchase of our Products.

  1. THIRD PARTIES

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

  1. HOW TO CONTACT US

Questions or comments about these Terms or the Site may be directed to:

  • e-mail: customerservice@queenmusia.com
  • Mail: Queen Musia Inc., 1397 2nd Ave, #244, New York, NY 10021