Terms & Conditions

THE NEW CITIES STORE WEBSITE TERMS AND CONDITIONS

This document contains legal information, including the terms and conditions applicable to shop.thenewcities.com website (the “Website”). PLEASE READ THIS CAREFULLY.

This Website is the property of Sony Music Entertainment Canada Inc. (“Sony Music”)

SONY MUSIC PROVIDES ACCESS TO THIS WEBSITE AND ITS RELATED SERVICES (THE “SONY MUSIC ONLINE SERVICES”) SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SONY MUSIC (“AGREEMENT”) THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SONY MUSIC WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SONY MUSIC ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS. SONY MUSIC MAY MODIFY THESE TERMS AND CONDITIONS FROM TIME TO TIME. YOU AGREE TO BE BOUND TO THE MODIFICATIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.

TERMS AND CONDITIONS

TRADEMARK AND COPYRIGHT INFORMATION

All material on this Website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Sony Music and is protected by copyright, trademark, and other intellectual property rights. Material posted on this Website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Sony Music in each instance.

TERMS OF SALE OF NEW CITIES PRODUCTS

Sony Music sells New Cities products (the “Products”) to end user customers only. Sony Music accepts only PayPal (credit cards through PayPal as well) as a form of payment. Sony Music reserves the right to change prices for Products offered on this Website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. Sony Music also reserves the right to change Product offerings without notice. Sony Music is required by law to charge sales tax on all Products shipped to all Canadian provinces. Shipping and handling are additional unless otherwise expressly indicated at the time of sale.
Currently, Sony Music only sells Products to Canadian end user customers. If you are located outside of Canada and wish to purchase Products, please email orders@thenewcities.com with your request. The offer of Products on this Website is void where prohibited.

REFUND POLICY

Returns or exchanges will only be offered for defective products and ONLY if received within 10 days of your receipt of the products. Refunds or exchanges will only be processed and issued after receipt and inspection of the returned Products. Refunds or exchanges do not include original shipping and handling charges. To refund or exchange a defective product, you must first email orders@thenewcities.com. DO NOT send back any defective product without emailing and receiving a return authorization.

PERSONAL INFORMATION

In order to purchase and receive the Products offered on this Website, Sony Music will require certain personally identifiable information relating to you. Such personally identifiable information will be collected, used, maintained and disclosed in accordance with the Website’s privacy policy. (Visit shop.thenewcities.com/pages/privacy to see the privacy policy.)

WARRANTY DISCLAIMER

SONY MUSIC MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY, FROM TIME TO TIME, POST THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER SONY MUSIC, ITS PARENT OR THEIR RESPECTIVE AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND THE THIRD PARTY SITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SONY MUSIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE

SONY MUSIC, ITS AFFILIATES, ITS THIRD PARTY SERVICE PROVIDERS AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, ANY THIRD PARTY SITES, OR THE PRODUCTS. SONY MUSIC DOES NOT ACCEPT ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.

EXCEPT AS NOTED IN THE REFUND/EXCHANGE POLICY SECTION ABOVE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE CONCERNED AND/OR THOSE SERVICES. SONY MUSIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONY MUSIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SONY MUSIC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

FOR THE AVOIDANCE OF DOUBT, SONY MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL).

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sony Music and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. Sony Music reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LITIGATION ISSUES

These terms and conditions are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS

In the event that any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

JURISDICTION AND LANGUAGE

You agree and acknowledge that your use of this Website, and all transactions occurring in connection with this website, shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. English shall be the language of this website and the Sony Music Online Services and you waive any right to use and rely upon any other language, or translations.