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Gianna, Inc. Terms of Use
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All material on Gianna's web site at www.giannaviolins.com (“Site”) is owned by Stephen Perry or used by permission. Gianna allows use of the site to visitors under the terms and conditions (“Terms”) below. Please read these terms. By using any portion of the site visitors agree to be bound by these terms. If you don’t agree with these terms, then Gianna bars you from the Site. Gianna allows visitors to view to view the Site using normal operation of any commercially available browser. Gianna does not give visitors any rights in or permission to use Gianna, Inc's trademarks (registered or unregistered), logos, trade dress (including Site configuration or page organization) or other marks: these items remain Gianna's exclusive property.
Copyright All information and materials displayed on Gianna Inc.'s web Site are copyrighted works of either Gianna, Stephen Perry, or the manufacturers and wholesalers supplying Gianna. No Site design, layout, source code, images, text, or any other aspects of the site covered by copyright law may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means other than display on a visitor’s computer via a commercial web browser without prior written permission of Gianna. Use of these materials without permission violates US Copyright law.
Gianna may quote or otherwise use materials provided by our suppliers or others with permission. Gianna does not claim ownership of copyrighted material, trademarks, or anything else owned by others.
Trademark Gianna uses certain trademarks in national commerce including our logos, Gianna Violins™, The Appalachian™, The Tennessee Fiddle™, The Rose™, the ConcertPro™ bass bar, and the mandovoodoo™ process. This intellectual property is protected under federal and state law. Contact Gianna for permission prior to using any of the these trademarks in a manner that might infringe.
Trade secrets Gianna uses certain trade secrets in our products. Site visitors agree not to use information on the Site to attempt to reverse engineer or otherwise divine our trade secrets. Purchasing one of our products you agree not to attempt to use reverse engineering to figure out our products. This is an explicit condition of purchasing our products. We’re not going to tell you what aspects of our process we consider trade secrets.
Right to modify or discontinue Gianna reserves the right to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice at any time. Visitors agree that Gianna is not liable to visitors or any third party for any change in the Site including discontinuance.
Rules governing Site use Gianna only grants use of the Site and for lawful purposes. Visitors agree to avoid the following uses for any purpose and accept liability for such use whether to Gianna or a third party:
1. Deleting or revising any portion of the Site. 2. “Hacking” into the Site in any manner whatsoever. 3. Impersonating any person or entity or falsely stating or otherwise misrepresenting a visitor's affiliation with a person or entity 4. Copying, duplicating, unlawfully quoting, or otherwise using any materials or information forming the Site.
These activities may also fall under criminal law. If so, Gianna will file suitable criminal complaints and cooperate fully with law enforcement and prosecution.
Gianna does not warrant content or price accuracy While information on the Site is periodically updated, descriptions, prices, information on availability, and Gianna's opinions on technical processes may change. Gianna, Inc. gives no warranty on the completeness or accuracy of any information provided on the site. Gianna, Inc. reserves the right to change all information in the Site, including prices, at any time without prior notice to anyone, including after an order is placed. Information on the Site may not be current or complete and may contain errors, inaccuracies, or outdated information including but not limited to typographical or printing errors, incorrect manufacturer's specifications, grammatical inaccuracies, or errors in advertising, pricing or carrier shipping charges. Under no circumstances will Gianna or suppliers to Gianna be liable to visitors or others in any way for any decision made by visitors or others for acting or failing to act or otherwise relying on information provided on the Site. If an item shipped by Gianna. to a visitor or other purchaser fails to match its description, then the item may be properly rejected as described in Gianna, Inc. Purchase Terms and Conditions.
Prices are determined at the time of placing an order. If a product is priced lower than the price shown on the Site, then Gianna, Inc. will charge the lower price. If a product is priced higher than shown on the Site, Gianna will either charge the lower price shown on the Site or will inform the purchaser of the correct price before accepting the order. Any discounts are limited-time offers and are not valid with other offers, including incentive discounts given for combinations of instrument, case, and other accessories.
Gianna denies responsibility for all circumstances beyond our control which might affect browsing our site or otherwise shopping with us including but not limited to telephone, electronic, hardware or software problems,network, Internet or computer malfunctions, failures, or difficulties of any kind; failed, incomplete, garbled or delayed computer transmissions; any condition caused by events beyond our control that may cause the website to be disrupted or corrupted; any injuries, losses or damages of any kind arising in connection with the use of this website, or acceptance, possession or use of any product obtained through this website; or computer viruses, bugs or other technical problems which could corrupt the administration, security or proper operation of this website.
Advice and value estimates Gianna's staff and consultants are not responsible for damage that appears to result from suggestions or recommendations we make by e-mail, phone, or on the Site. Visitors and customers are responsible for figuring out whether something we suggest is suitable for you. For concerns about a particular product, especially a product needing cleaning, call the manufacturer. We can help find the manufacturer.
Gianna will provide our best estimate of the value of instruments described to us via images or words. Any such estimates are based on our knowledge of the current market and represent what we would price such an item for in our retail store. WE COULD BE WRONG. For formal estimates on products we do not carry or did not sell, Gianna, Inc. urges contacting a professional appraiser at one of the large, national firms.
List and minimum advertised prices The suggested retail selling price of a product provided the manufacturer is the “list price.” Gianna, Inc. often sells products for less than list price. Gianna does not warrant that any sales of any products have occurred at list price. List price only provides a point of comparison between Gianna's pricing and other retailers. Manufacturers or wholesalers may change list prices without notifying us. For certainty on a current list price, please contact the manufacturer.
Many products on the Gianna, Inc. Site fall under a manufacturer's Minimum Advertised Price (MAP) policy. These policies prevent authorized dealers of specific products from advertising a selling price lower than their set minimum advertised price. Gianna frequently sells items at a lower price than the MAP price, but we cannot advertise this price. You must contact us for the lower price.
Permission to use submissions All information and communication from visitors to Gianna, become the outright property of Gianna, including comments on products and service, other remarks, ideas, graphics, suggestions, data, personal information and resumes, questions, and all other information, whether reaching Gianna through electronic mail, fax, regular mail, or otherwise, unless excluded from this provision under our privacy policy. Gianna, will not treat information and communication as confidential or proprietary and will not be liable for use of any ideas, graphics, or other information in its business including, without limitation, service or promotion ideas. Gianna will exclusively own all present and future rights to information and communication from visitors for all purposes, including commercial purposes, without compensation to visitors or any other party sending the information or communication. By sending information or communications, visitors agree that they are responsible for the information or communications submitted and that they retain full responsibility for information and communications, including the information or communications’ reliability, appropriateness, legality, originality, and copyright ownership.
Amendment Gianna may revise these terms of use through changing this page. Visitors using the Site agree to be bound by such revisions and further agree to review this page prior to ordering or otherwise using the Site. Some terms contained on this page may be superseded by specific, designated legal notices or terms.
Disclaimer of warranties Gianna provides information on the Site without warranty of any kind. Without affecting the foregoing statement, Gianna expressly disclaims all warranties, whether express or implied, regarding Site information or information given in email or telephone concerning products, services, or techniques, including, without limitation, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Some jurisdictions do not allow exclusion of implied warranties. In those jurisdictions, any implied warranties are explicitly limited to the minimum scope and period permitted by law.
Limitation of liability Gianna expressly disclaims any special, incidental, consequential, and contingent damages of any kind or nature including without limitation including damages for loss of business profits, business interruption, or any other pecuniary loss, or damages to persons or property, whether a claim for such damages is based upon warranty, contract, tort or otherwise with respect to anything we sell or say to the maximum extent allowed by law. These limitations apply whether or not any party has advised Gianna of the possibility of damages on any theory of liability arising out of or in connection with the use of the information on our site. By using this site or by purchasing anything from us you agree that the maximum amount we are liable for is the purchase price of the products sold.
Survivability, venue If a court of competent jurisdiction finds any provision of these terms unenforceable, remaining terms are unaffected. Visitors and others agree that this Agreement will, for all purposes, be governed by and interpreted in accordance with the laws of Illinois as applied to contracts entered into and to be performed entirely in Illinois, without regard to conflicts of law provisions. Visitors and other site users agree that any dispute arising out of this Agreement may be addressed by binding arbitration at Gianna's sole discretion; that in the absence of arbitration, any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state court in Cook County, Illinois or federal court in Cook County, Illinois; and that visitor or other site user irrevocably submits to the exclusive jurisdiction and venue of such courts.
Headings Section headings used in these terms are for convenience only and do not form a part of these terms of use. No construction or inference is intended or will be interpreted from these section headings.
Questions
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Gianna, Inc.; Maker and seller violin, viola, fiddle, violin case, violin bow, accessories, support, appraisal,
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