Privacy Policy | Terms of Use

Terms and Conditions of Use

Last Modified: November 16, 2017. These Terms of Use are effective as of November 16, 2017 ("Effective Date").

Welcome to the Allegro Music Center website located at www.allegromusiccenter.com (the "Site"), a copyrighted work owned and operated by Hi Key Music, Inc. d/b/a Allegro Music Center.

The terms and conditions of use stated below, along with the policies and guidelines located throughout the Site (collectively herein the "Terms") identify what you, as a user of the Site ("you" or "User") can expect from Hi Key Music, Inc., its parent, subsidiaries, and affiliates (collectively herein "Allegro Music Center" or “us”), and/or persons who provide products or services to Allegro Music Center customers either directly or through Allegro Music Center ("Providers") and the Site, and what Allegro Music Center in turn expects from Users.

Please read these terms carefully. By accessing the site and the services available through the site (collectively herein the “services”), other than to read these terms and conditions of use for the first time, you agree to be bound by the terms below. If you do not wish to be bound by these terms, you may not access or use the services.

Licenses and Restrictions

Allegro Music Center grants the User a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the contents of the Services ("Content"). Allegro Music Center further grants the User a limited, non-exclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Allegro Music Center, its affiliates, Providers, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

  • modify, download (other than page caching), reproduce, copy, or resell the Services, the Content, or any portion or derivative thereof;
  • commercially use the Services, the Content, or any portion derivative thereof;
  • copy or download any User's account or profile information for the benefit of any third party;
  • enable high volume, automated, electronic processes that apply to the Services or its systems;
  • use any robot, spider, data miner, scraper or other automated means to access the Services or its systems for any purpose;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass any Allegro Music Center measures used to prevent or restrict access to any portion of the Services;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Allegro Music Center;
  • use Allegro Music Center name, trademarks, services marks or logos in any meta tags or any other "hidden text";
  • compile, repackage, disseminate or otherwise use data extracted from the Services; or
  • otherwise take any action in violation of this Terms of Use or our Privacy Policy.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require Allegro Music Center's express written consent (which may include a written agreement signed by an authorized representative of Allegro Music Center). Any unauthorized use of the Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by Allegro Music Center.

Password and Account Security

You can access most of our Services without creating a user account ("Account"). Other features, however, may require you to create an Account. Every User that has an Account on the Site is responsible for (i) keeping his or her Account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the email address associated with that Account current (User acknowledges that it is important to keep the email address associated with his or her Account current because although the User may be able to log into his or her Site Account using an old email address, such User will not receive messages from Allegro Music Center about his or her orders and inquiries or other matters). Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate a User’s Account. User accepts full responsibility for all activities that occur within such User's Site Account. You can always delete your Account by emailing us at [email protected].

Submissions

Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities.

You will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. We do not own any of your content, although by providing content to us, you may grant us a license to use it.

When you submit, distribute, transmit, or post any communications or any other material to Allegro Music Center either through the Services; through our pages on third party sites, such as Instagram, Twitter and Facebook; or through activities in our stores, such as when you take pictures in our store (collectively herein "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Allegro Music Center to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products.

In addition to giving Allegro Music Center a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.

When you submit User Content, you represent and warrant that: you hold all necessary right, title, and license to such materials; that your submission of such materials to Allegro Music Center does not and will not violate or infringe the rights of any third parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and all User Content you provide is accurate, complete, up-to-date, and not misleading. In addition, any User Content must not: include any profanity or obscene, indecent, or pornographic material; contain any unauthorized or unsolicited advertising, such as spam; contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; impersonate any person or entity; or include anyone's identification documents or sensitive financial information.

Trademarks

Allegro Music Center, Hi Key Music, Inc., or their respective parents, subsidiaries, Providers, or affiliates, or third parties from whom Allegro Music Center has permission, own the trademarks or service marks that are used on the Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Allegro Music Center and its licensors used on the Services may not be used without prior written consent of Allegro Music Center or its licensor, as the case may be. Without limiting the foregoing, no Allegro Music Center trademark or trade dress may be used in connection with any product or service that is not Allegro Music Center's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Allegro Music Center.

Content-Proprietary Rights

User acknowledges that the Services contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Allegro Music Center owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

Accuracy of Content and Pricing Information

The materials appearing on the Services could include technical, typographical, or photographic errors. The Services attempt to be as accurate as possible, however, because prices, rental terms, product descriptions, and availability can change quickly, Allegro Music Center does not represent or warrant that content on the Services is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could also affect the accuracy of its display of the colors of products offered on the Services. In no event shall Allegro Music Center or its Providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Services. If a product you purchase does not match the description on the Services, as your sole and exclusive remedy you may return the product in an unused condition to Allegro Music Center for a refund of the purchase price in accordance with our Return Policy.

Allegro Music Center may make changes to the materials and information contained on the Services, including to the products and prices described on the Services, at any time, without prior notice to you (including after you have submitted your order). Allegro Music Center does not, however, make any commitment to update the materials.

The price for an item on the Services may differ from the price shown in your shopping cart—it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. On rare occasions, an item may be priced incorrectly on the Services. If the price for the item on the Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Allegro Music Center, Allegro Music Center may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.

The products, prices and promotions offered on the Services and in Allegro Music Center stores may differ. In some cases, merchandise displayed for sale on the Services may not be available in stores or vice-versa. Please contact us about the availability of specific products. The prices displayed on the Services are quoted in U.S. dollars.

Any reference to List Price is the suggested retail selling price of a product provided to us by manufacturers (“List Price”). We may commonly sell products at prices lower than List Price and, for any given product, no sales may have occurred at List Price. The List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.

Although we periodically update the List Prices in our direct mail offerings and on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us. Please contact the manufacturer of a specific product for the most up-to-date List Price information.

Discounts are limited-time offers and are not valid with other offers. Although our limited-time events are intended to be limited-time events, our low prices offered during these events may continue in effect after the event. Values associated with items labeled "free with purchase" are based upon List Price.

Payment Terms - Orders

By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option. Internet orders may be paid for using the following methods: VISA, MasterCard, American Express, Discover, and PayPal, or just call us at 877-768-7287 to place your order. All non-credit-card orders are subject to a 10-business-day hold. We do not accept international credit card payments from international accounts. For international security reasons, please call the store at +01-305-740-9400, to arrange a bank wire transfer.

Shipping Charges and Taxes

Separate charges for shipping and handling will be shown on your order form. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. The published rates are for US domestic shipping only. Contact us directly if you wish to place an international order.

We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries. If applicable, a separate charge for taxes will be shown on the invoice. We are required to collect sales tax on all orders shipped to Florida.

For more information on our shipping policies, including rates, delivery times, and delays, please call us at 877-768-7287.

Risk of Loss

The risk of loss and title for all items purchased via the Services pass to the User upon delivery of the item to the carrier (such as FedEx, UPS, or USPS).

Resale or Export

User agrees to comply with all applicable laws and regulations of the various states and of the United States. User agrees and represents that User is buying for his or her own personal use only, and not for resale or export.

Limited Warranty

All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to: Allegro Music Center, 6869 SW 8th Street, Miami, FL 33144.

Allegro Music Center provides no separate warranty and to the maximum extent permitted by applicable law, Allegro Music Center expressly disclaims all warranties and conditions regarding any products sold to you, whether express, implied, or statutory, and including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights.

Eligibility

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 are not permitted to use the Services without the supervision of a parent or legal guardian. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Allegro Music Center Site. In the event we become aware you are under 18, we will terminate your registration. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the Services. Should we learn that someone under the age of 13 has provided any personal information to or on the Services, we will remove that information as soon as possible.

Termination of Usage

Allegro Music Center may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Services including any Account thereon, without notice, for any reason in Allegro Music Center's sole discretion, including without limitation, violation of the Terms of Use, Allegro Music Center's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Allegro Music Center, the Services, any of Allegro Music Center’s Providers, or another User.

In certain cases, in Allegro Music Center's sole discretion, the Services may provide written notice ("Restriction Notice") to a User ("Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Services has been terminated including the right to use, access or create any Account thereon; (ii) that Allegro Music Center refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

Indemnity

User agrees to indemnify and hold Allegro Music Center and their respective Providers, affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) User’s access to the Allegro Music Center Services, (ii) User’s use of the Allegro Music Center Services, (iii) any User Content posted, uploaded or transmitted by User, (iv) User’s use or distribution of any User Content, (v) User’s violation of these Terms of Use, (vi) any use of User’s User ID or password by User or any third party, or (vii) the infringement or other violation by User, or any third party using User’s Account or User ID or password, of any intellectual property or other right of any person or entity.

Privacy

Allegro Music Center believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Warranty Disclaimer

User understands and agrees that we have no control over, and no duty to take any action regarding:

  • which Users access the Services;
  • what Content you access via the Services;
  • what effects the Content may have on you;
  • how you may interpret or use the Content; or
  • what actions you may take as a result of your exposure to the Content.

User releases us from all liability related to User acquiring or not acquiring Content through the Services. Content does not necessarily reflect the opinions or policies of Allegro Music Center. All Content on the Services, including User Content and third party Content, is the responsibility of the party that creates it. Allegro Music Center does not control or endorse any User Content or third party Content, and we make no claims or representations regarding any Content we do not create. The Services may contain links to other websites or direct you to websites containing information that some people may find offensive or inappropriate. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Allegro Music Center. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Allegro Music Center.

We may review Content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any Content on the Services, including User Content, without notice or further obligation to you. We take no responsibility related to third party Content, User Content, or any actions resulting from your use of any part of the Services. Allegro Music Center will have no liability in connection with any Content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Allegro Music Center or another party provides it. When you access third party resources on the Internet, you do so at your own risk.

The services are provided "as is" and without warranty of any kind. To the maximum extent permitted by law, Allegro Music Center disclaims all representations and warranties, express or implied, relating to any information or any content on the services, whether provided or owned by Allegro Music Center or by any third party, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed. In addition, Allegro Music Center does not represent or warrant that the content accessible via the services is accurate, complete, available, current, free of viruses or other harmful components, or that the results of using the site will meet your requirements. Allegro Music Center does not guarantee the continuous, uninterrupted or secure access to the services. The operation of the services may be interfered with by numerous factors outside the control of Allegro Music Center.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Allegro Music Center or their respective affiliates, or the shareholders, directors, officers, members, managers, employees, providers, agents or representatives of any of the foregoing, be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory, for any loss of profits, goodwill or revenue, business interruption, data loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever resulting from: (i) your access to, use of, or reliance on any content provided through the services or any errors or omissions in any content; (ii) any unauthorized access to or use of the services or Allegro Music Center’s secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the services; or (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through our services by any third party (regardless of the source of origination). These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Allegro Music Center was advised of the possibility of such 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.

Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Allegro Music Center to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Governing Law

The Services are created and controlled by Allegro Music Center in the State of Florida. The laws of the State of Florida will govern the Terms, without giving effect to any principles of conflicts of laws.

Each of Allegro Music Center and User agrees to submit to the non-exclusive personal jurisdiction of the courts located within Miami-Dade County, Florida and waives any objection to the laying of venue of any litigation in said courts.

Dispute Resolution

Any claim or controversy at law or equity that arises out of the Terms, the Site or any Allegro Music Center Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at Allegro Music Center's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. Allegro Music Center reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms.

Acknowledgment

The Terms, including all documents referenced herein, represent the entire understanding between User and Allegro Music Center regarding User's relationship with Allegro Music Center and supersedes any prior statements or representations. Headings used in the Terms are for reference only and shall not affect the meaning of any terms.

Modication

Allegro Music Center will occasionally review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We will make sure to also change the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

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