Terms and Conditions
This website is owned and operated by Tom's Creek Publishing LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors links to purchase products and/or view media. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Michael Mills and Tom's Creek Publishing LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold Michael Mills harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Michael Mills or Tom's Creek Publishing LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Michael Mills and Tom's Creek Publishing LLC assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States / Virginia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Blacksburg. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
If you have any questions or are in need of customer support, please contact us at firstname.lastname@example.org
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
We collect such Non-personal and Personal Information for the following purposes:
1. To provide and operate the Services;
2. To provide our Users with ongoing customer assistance and technical
3. To be able to contact our Visitors and Users with general or personalized
service-related notices and promotional messages;
4. To create aggregated statistical data and other aggregated and/or
inferred Non-personal Information, which we or our business partners
may use to provide and improve our respective services;
5. To comply with any applicable laws and regulations.
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at email@example.com or send us mail to: 1607 Meadowbrook Drive, Blacksburg, VA 24060
In the case of undamaged products, you may receive a full refund credited back to your original method of payment if you make your request before the product has been printed. If you are dissatisfied with your purchase for any reason, please contact us at firstname.lastname@example.org within 30 days of your receiving the product to discuss your reason for dissatisfaction and potential actions to make things right. If you wish to make a claim after 30 days of your receiving the product, you may, as we would love to help, though we cannot guarantee any actions will be taken after the 30 window.
In the case of damaged or incorrect products, we will offer a full refund credited back to your original method of payment. Your claim must come within ten days of your receiving the music and it must include clear pictures and or video of both the product and the packaging. If you make your claim after the ten day window, we would still like to work towards making things right, though we cannot guarantee a refund for claims made after the 10 day window. Make your claim to email@example.com.
Unfortunately, due to the nature of digital goods, we are unable to offer refunds for these products once the purchase has been made. If you are dissatisfied with your purchase for any reason, please contact us at firstname.lastname@example.org and we would be happy to discuss multiple courses of action to help reach your satisfaction.
Recorded Media can only be returned if it is still in its original packaging. If you would like to return your unopened recorded media for a full refund, you must notify us at email@example.com and ship the product back to us within thirty days from when you received it. Your return must include the receipt, packing slip, or invoice and must be in its original condition. The customer is responsible for these return shipping costs. The refund will be granted within ten business days of us receiving your returned product. Please ship to the following address:
Tom's Creek Publishing LLC
1607 Meadowbrook Drive
Blacksburg, VA 24060
If you received recorded media that you believe was damaged or is incorrect, we will offer a full refund credited back to your original method of payment. Your claim must come within ten days of your receiving the music, and it must include clear pictures and/or videos of both the product and the packaging. If you make your claim after the ten day window, we would still like to work towards making things right, though we cannot guarantee a refund.