Terms of Use

n5MD and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

Privacy

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

Electronic Communications

When you visit n5MD.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, and all download-able or purchased products, are the property of n5MD or its content suppliers and is protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of n5MD and is protected by the U.S. and international copyright laws.

The downloading of a track or album from n5MD is considered an acceptance of the terms of this agreement. You are authorized to use n5MD digitally distributed products only for personal, non-commercial use.

You shall be entitled to use Music solely for personal, non-commercial use. All artwork contained is strictly for personal use. Resale of any n5MD digitally distributed products is strictly prohibited. The delivery of any music free or otherwise does not transfer to you any commercial or promotional use rights to the products herein. Renaming, reencoding, reID3ing or misrepresenting the content of the music contained within is strictly prohibited.

You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with n5MD digitally distributed products. You may not play and then re-digitize any n5MD digitally distributed products. You may not create any "derivative works" by altering any of its content. You may not use n5MD digitally distributed products in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD ITEMS DOWNLOADED FROM US TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of n5MD digitally distributed products to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

Trademarks

n5MD's trademarks and trade dress may not be used in connection with any product or service that is not n5MD, in any manner that is likely to confuse customers, or in any manner that disparages or discredits n5MD. All other trademarks not owned by n5MD 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 n5MD or its subsidiaries.

License and Site Access

n5MD 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 n5MD. 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 n5MD. 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 n5MD and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the n5MD name or trademarks without the express written consent of n5MD. Any unauthorized use terminates the permission or license granted by n5MD. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of n5MD so long as the link does not portray n5MD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any n5MD logo or other proprietary graphic or trademark as part of the link without express written permission.

Product Descriptions

n5MD and its associates attempt to be as accurate as possible. However, n5MD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by n5MD itself is not as described, your sole remedy is to return it in unused condition.

Disclaimer of Warranties and Limitation of Liability

(here's the part where we yell at you... READY?)

THIS SITE IS PROVIDED BY n5MD ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. n5MD 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, n5MD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. n5MD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM n5MD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. n5MD 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.

(yelling over... that was like the end of Willy Wonka huh?)

Applicable Law

By visiting n5MD, you agree that the laws of the state of California, 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 n5MD or its associates.

Disputes

Any dispute relating in any way to your visit to n5MD or to products you purchase through n5MD shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate n5MD intellectual property rights, n5MD may seek injunctive or other appropriate relief in any state or federal court in the state of California, 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 arbitrators' 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.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy policy (below). These policies also govern your visit to n5MD. 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.

Digital Asset Sharing Policy

We understand and value that now more than ever it is effortless to share music over the internet and via CDr burning software. n5MD and its affiliates have a truly agnostic policy about sharing its artists' music among friends and family. n5MD and its affiliates, however, do not in any way condone the sport/art/act of posting our artists' music on the internet via cloud storage services for all to download without compensation to our artists. Such acts violate the Digital Millennium Copyright Act and European Union Copyright Directive and are detrimental to the freedom of creativity that most of our artists who do live off of the little finances the creation of their music allows.

Our Privacy Policy

Your privacy is crucial to us. Please review this policy to understand what measures we take to make sure your information is private.

The information We Gather

When ordering digital releases from n5md.com we collect no information from you. We only collect your email address if you opt into our newsletter. You can opt out of our newsletter at any time by unsubscribing. If you wish for your email to be completely removed from Mailchimp at any time send us a message and we will do it immediately.

Because our shop and this site are interconnected when you are taken to n5mailorder.com to place an order, we do collect information from you. If you order one of our products, we will collect and maintain your name, e-mail address, billing address, shipping address, telephone number, product selections, order number, PayPal transaction ID, and your wish list. We collect this to fill your order and to communicate with you about your order. We retain such information in a database that is only accessed by our database admin and e-commerce manager. The data we retain is to allow the best possible experience when using our sites. n5MD never asks for or retains your credit card info. If at any time you wish to have your account deleted and data removed from our mailorder site please contact us and we will remove your personal information immediately.

Who We Share This Information With

For ordering your email address, mailing address and sometimes phone number are shared with Paypal. For our newsletter, your email address is being shared with Mailchimp as we use their service for our newsletters. n5MD never has or will never share your personal information with any third parties without your consent.

External Links

This site may contain links to other sites. We are not responsible for the content or the privacy practices of these websites.

Cookies!

n5MD.com currently uses the following cookies from the following site/providers.

  1. Google Analytics:General site analytics cookies
  2. Jquery:Jquery javascript library cookie
  3. Mailchimp:Mailist subscription and analytics cookie
    4.
  4. Twitter.com:Social sharing and analytics cookies
  5. Facebook.com: Social sharing and analytics cookies
  6. n5Mailorder: Session information for our shop n5mailorder.com.
  7. n5MD:A local cookie for the small popup at the bottom of this site that lets you know we use cookies.

Privacy Policy changes

This Privacy Policy was last changed on May 21st, 2018. If we make changes to any terms or conditions of the Privacy Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. All changes or modifications are effective immediately.

Questions

Questions regarding our Terms of Usage or other policy related material can be directed to our support staff.