TERMS OF USE

Welcome to Same Day Music. Same Day Music and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Same Day Music, you accept these conditions. Please read them carefully. In addition, when you use any current or future Same Day Music service or visit or purchase from any business affiliated with Same Day Music, whether or not included in the SameDayMusic.com Website, you also will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Notice, which also governs your visit to Same Day Music, to understand our practices. Details

Electronic Communications

When you visit SameDayMusic.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Same Day Music or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of Same Day Music and protected by the US and international copyright laws. All software used on this site is the property of Same Day Music or its software suppliers and protected by the United States and international copyright laws.

Trademarks

SameDayMusic.com; and other marks indicated on our site are registered trademarks of Same Day Music or its subsidiaries, in the United States and other countries. Various Same Day Music graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Same Day Music or its subsidiaries. Same Day Music 's trademarks and trade dress may not be used in connection with any product or service that is not Same Day Music 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Same Day Music. All other trademarks not owned by Same Day Music or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Same Day Music or its subsidiaries.

License and Site Access

Same Day Music grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Same Day Music. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Same Day Music. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Same Day Music and our affiliates without express written consent. You may not use any meta tags or any other "hidden text " utilizing Same Day Music 's name or trademarks without the express written consent of Same Day Music. Any unauthorized use terminates the permission or license granted by Same Day Music. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Same Day Music so long as the link does not portray Same Day Music, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Same Day Music logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Same Day Music does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Same Day Music only with involvement of a parent or guardian. Same Day Music and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Same Day Music reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Same Day Music and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Same Day Music and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Same Day Music or its affiliates for all claims resulting from content you supply. Same Day Music has the right but not the obligation to monitor and edit or remove any activity or content. Same Day Music takes no responsibility and assumes no liability for any content posted by you or any third party.

Social Media Comment Policy

Same Day Music uses social networking platforms to connect and interact with different audiences. At this time, we share content on Facebook, Instagram, Twitter and WordPress (owned by Automattic). Each of these social networking platforms has its own data/privacy policy. Follow the links below to learn more about each specific platform’s data/privacy policy:

We encourage public interaction and communication about the content we post on our social media accounts. However, this does not imply that Same Day Music agrees with or accepts the content, opinions, or views expressed within any public comment. The person who posts a comment is solely responsible for the content of the comment.

While we do not discriminate against views or opinions posted to our social networking accounts, we reserve the right to remove or not approve any comment. A comment will not be edited or modified to remove unacceptable content; the entire comment will simply be deleted. All comments submitted via WordPress will be reviewed before posting. Some of the reasons we may remove or may not approve a comment are listed below:

  • The comment contains abusive, vulgar, obscene, racist, threatening, or harassing statements
  • The comment contains libel, slander, or personal attacks of any kind, including the use of offensive terms that target specific individuals or groups
  • The comment contains spam, including content that promotes products or services or contains gratuitous links
  • The comment makes unsupported accusations
  • The comment suggests or encourages illegal, dangerous, or destructive activity
  • The comment is a duplicate post
  • The comment is clearly off topic
  • The comment contains political conversation, campaigning or lobbying

Same Day Music is unable to post comments from children under the age of 13 due to the Children's Online Privacy Protection Act (COPPA). If you are 12 years old or younger, you may e-mail us rather than posting a comment.

The moderation and management of posted comments should only be expected to occur during normal business hours. However, Same Day Music does make extensive use of the built-in comment filtering tools provided by Facebook, Instagram, Twitter and WordPress.

Use of these social media services may require a membership that subjects users to policies, requirements, or rules beyond the control of the Same Day Music. Same Day Music does not endorse membership in a particular social media service and takes no responsibility for any content that may be posted by other users. The views expressed in comments reflect those of the author and do not necessarily reflect the official views of Same Day Music.

Copyright Complaints

Same Day Music and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at feedback@samedaymusic.com.

Product Descriptions, Pictures, and Prices

Same Day Music and its affiliates attempt to be as accurate as possible. However, Same Day Music does not warrant that product descriptions, pictures, prices, or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Same Day Music itself is not as described, your sole remedy is to return it in unused condition under the conditions of our return policy. If you have not already been shipped a product, or if you cannot return your product under the terms of our return policy, then you are not eligible for any remedy.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent " open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. The List Price may be the same for some new items and their non-new counterparts.

With respect to items sold by Same Day Music, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Other Business

Parties other than Same Day Music and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we may also provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Same Day Music does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY SAME DAY MUSIC ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAME DAY MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAME DAY MUSIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAME DAY MUSIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SAME DAY MUSIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAME DAY MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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.

Applicable Law

By visiting Same Day Music, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Same Day Music or its affiliates.

Disputes

General Disputes

Any dispute relating in any way to your visit to Same Day Music or to products you purchase through Same Day Music shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate Same Day Music 's intellectual property rights, Same Day Music may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SMS Message Disputes

  1. General. In the interest of resolving disputes between you and Same Day Music in the most expedient and cost-effective manner, you and Same Day Music agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Same Day Music or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Same Day Music or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Same Day Music ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Same Day Music to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

  3. Arbitrator. Any arbitration between you and Same Day Music will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Same Day Music. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

  4. Notice; Process. If you or Same Day Music intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Same Day Music address for Notice is: 8 Thornton Rd, Oakland, New Jersey 07436, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Same Day Music will make good faith efforts to resolve the claim directly, but if you and Same Day Music do not reach an agreement to do so within 30 days after the Notice is received, you or Same Day Music may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Same Day Music must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Same Day Music will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Same Day Music for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Same Day Music agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Same Day Music made within 14 days of the arbitrator's ruling on the merits.

  5. No Class Actions. YOU AND SAME DAY MUSIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Same Day Music agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Same Day Music makes any future change to this arbitration provision, other than a change to Same Day Music address for Notice, you may reject the change by sending us written notice within 30 days of the change to Same Day Music address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Same Day Music.

  7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Site Policies, Modification, And Severability

Please review our other policies posted on this site. These policies also govern your visit to Same Day Music. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

SMS Messaging

Terms & Conditions for (833) 280-9011‬

This is an SMS (Short Messaging Service) program. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Same Day Music, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent is not a condition of purchase.

Message frequency will vary. Same Day Music reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Same Day Music also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Same Day Music, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

If you have any questions or concerns about sending and/or receiving SMS messages, please use our company information below to contact us for additional support.

Does the use of this service cost anything?

Standard message and data rates may apply to all text messages. In other words, when you use our text message services, there is no additional cost to you beyond the standard charge for text messages from your wireless provider. Message rates differ from carrier to carrier, so please contact your wireless phone service provider for more details about your plan.

Where can I find customer support information for this message service?

Text the word HELP to (833) 280-9011‬ at any time to receive customer support information, or email.

How do I stop receiving SMS messages from this service?

Simply text the word STOP to (833) 280-9011‬ if you no longer wish to receive text messages from our service. You may also stop receiving messages by texting any of the following words: STOPALL, UNSUBSCRIBE, QUIT, CANCEL, or END. Our SMS service supports a block list, which ensures that any attempted messages to your number will be blocked.

After you send an unsubscribe command (STOP, UNSUBSCRIBE, etc.), you will receive one additional message confirming that your request has been processed. Moving forward, you will no longer receive text messages from us. If you want to join again, just reply START and you will be able to sign up for text messages again.

You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Same Day Music and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Same Day Music through any other programs you have joined until you separately unsubscribe from those programs.

Do I need to give consent to use your messaging service?

By checking the box "It's OK to message me about my orders at the number associated with the provided address." in step 3 of checkout, you are consenting to receive SMS messages about your order to the provided phone number.

What is the privacy policy for this messaging service?

Protection of Information

Any information submitted by the mobile user for text messaging purposes will remain the property of the mobile user. We will neither rent nor sell the information provided by you to us. We will at no time collect or redistribute this information without your consent, except where legally required to do so by law/court order.

Retention of Data

We will retain the text message information and mobile number for at least 6 years to comply with data retention laws.

If you have any questions regarding your privacy and our text messaging program, please read our privacy policy.

Same Day Music 8 Thornton Rd. Oakland, NJ 07436 https://www.samedaymusic.com