1. Introduction/General

The Services, this Webstore, including, without limitation, all trademarks, music recordings, lyrics, audio and audio-visual clips, digital downloads (“Content”) are owned and controlled by or licensed to SMG, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of SMG or such affiliates, licensors and/or license. Unless otherwise specified, this Webstore and Content are for Your personal and non-commercial use only. You may not, without SMG’s express written agreement, use, transfer, copy or otherwise reproduce or modify any part of this Webstore, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

2. Changes to These Terms and Conditions

SMG may make changes to these Terms from time to time, which will be effective when posted on this Webstore. SMG will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and Your continued use of this Webstore following the posting of changes will mean You accept those changes. You will be subject to the policies and Terms in force at the time that You order product(s) from SMG, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

3. Electronic Communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual Property/Webstore Content

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).   SMG may make changes to these Terms from time to time, which will be effective when posted on this Webstore. SMG will not notify You directly/personally of any changes to the Terms; as such, it is encouraged that You check this Webstore regularly for any updates to these Terms. It is expected that You will read these Terms fully prior to any purchase, and Your continued use of this Webstore following the posting of changes will mean You accept those changes. You will be subject to the policies and Terms in force at the time that You order product(s) from SMG, unless any change to those policies or these Terms is required to be made by law or a government authority (in which case it may also apply to orders previously placed by you).

5. Third-Party Property

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by SMG. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

6. Responsible Use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website. Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited. You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore, the Contents or the Services.

7. Registration and Passwords

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.After account termination, you will not attempt to register a new account without our permission.

8. Refund and Return policy

If You cancel Your purchase of products as detailed in Section 16 below, SMG will process the refund due to You as soon as possible. In such event, SMG will refund the price of the product in full, including the cost of delivering the item to You via standard delivery, provided that You have taken reasonable care of the returned product. If audio, video or software products provided to You in a separate sealed packet are opened, You may not be entitled to a refund. You will be responsible for the cost of returning the item to SMG. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and SMG has begun the process of delivering the digital part of Your product order, SMG will refund the relevant element of the order in accordance with SMG’s Cancellation Policy (as set out in Section 16 as applicable) for that particular product. If You seek to cancel Your purchase because You claim that the product is defective or that there has been damage or error on SMG’s part, SMG will examine the returned product and will notify You of Your refund or otherwise via email within a reasonable period of time. In the event that SMG has to cancel Your order after payment has been received from you, SMG will notify You of SMG’s need to cancel Your order and supply You with a refund as soon as possible. Products returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to SMG. SMG will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase, or any other prepaid method, You may receive credit back to the applicable gift card or prepaid method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure You receive credit upon any refund.

9. Webstore Products

This Webstore may allow You to: purchase physical products (e.g., apparel and other merchandise); download digital products (e.g., music and videos); purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos); download. You to preview and/or listen to and/or watch music and videos online; and/or subject to any separate specific terms and conditions, offer such services to You on a subscription basis. Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified. Returns and/or exchanges will never be accepted for so-called “limited edition” product(s). Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.If SMG decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.

10. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

• this website or our products or services will meet your requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis;
• the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. For a full description of our privacy policy click here.

13. Export restrictions / Legal compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Canada.

14. Cancellation, Delivery and Usage Rules

Digital Content

Cancellation – If You order digital content to download, You will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason. However, if You decide to download Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When SMG delivers You the link to download Your content, SMG will make it clear that by clicking on that link You are giving up these cancellation rights. If You are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms apply as set out in paragraph Physical Products Cancellation below.

Delivery – Each download item made available to or purchased by You can be accessed via the relevant area of this Webstore using Your login details and/or following the instructions provided onscreen or via email. SMG reserves the right to send digital and/or physical goods in partial deliveries (i.e., You may receive multiple packages or links related to a single order).

Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. In the event You experience any problems in downloading the relevant download item, SMG will allow You to subsequently attempt to download the relevant download item. In the event You experience any problems when downloading, please contact generalinquiry@stallionmusicgroup.com Please note, SMG may withdraw products from this Webstore at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for Your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products.

Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please let SMG know as soon as possible (by contacting SMG at generalinquiry@stallionmusicgroup.com that the digital content is indeed defective, SMG will first attempt to repair or replace the relevant product at SMG’s cost within a reasonable timeframe if it is reasonably possible to do so. If a repair or replacement is not possible, SMG will refund You for either the full or partial cost of the product as appropriate. If SMG agrees to a refund, SMG will refund the sum agreed within fourteen (14) days of confirming to You that You are entitled to a refund.

Physical Products

Cancellation- Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, You may cancel Your purchase of physical products at any time prior to the product being shipped to You, for any reason, by emailing a notice of cancelation to generalinquiry@stallionmusicgroup.com, prior to receiving a shipping confirmation. If Your item has already shipped, You may return the item for store credit within fourteen (14) days of receiving the product for any reason, provided that You follow the specified instructions from SMG regarding returns. In this case, You will receive a full refund of the price paid for the product(s) in accordance with SMG’s Refund Policy set out in Section 8 above. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and SMG has begun the process of delivering Your digital product order, SMG will refund the relevant physical element of the order in accordance with SMG’s Cancellation Policy as set out in this Section. Where You order multiple items that are delivered in separate batches, Your fourteen (14) day cancellation period does not begin until the day after the last item has been received by You. To cancel in accordance with the terms herein, You must inform SMG clearly. SMG recommends emailing generalinquiry@stallionmusicgroup.com  with a clear “Notice of Order Cancelation” and Your order number in the subject line of the email. Please return the product to SMG immediately in the same condition you received it (at your own cost and risk), following the specific return instructions You receive. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, SMG may have a claim against You for reimbursement for any damage caused by You to the product. Further details, including an explanation of how to exercise Your right to cancel, may be provided details of SMG’s Refund Policy can also be found at Section 8 above.

Note, this right to cancel does not apply: where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed; where the product has been made to Your specification; to digital content (above); where the product, by reason of its nature, cannot be returned, or is billed is a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page; Limited addition merchandise or other memorabilia; and Merchandise that has been worn, washed or in any way damaged by the consumer.

Delivery- SMG will make best efforts to fulfill Your order by the delivery date, or estimated delivery date, however, it is understood that circumstances outside of SMG’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.

Risk and Title- Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when SMG receives full payment of all sums due in respect of the products, including delivery charges.

15. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

16. Placing Orders

By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old. If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your behalf. Follow the onscreen instructions on this Webstore to place an order. Items which You select for purchase, download will automatically be placed in Your “shopping basket.” To remove an item from Your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in Your basket.  Once You have pressed the “checkout” (or similar) button, You will be asked to provide certain information to allow SMG, or a service provider engaged by SMG, to process Your order (including Your selected payment method and credit card, PayPal, e-wallet or other payment details). SMG cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products, or quantities, please follow the Cancellation Policy (set out in Cancellation policy as applicable, below). You will receive an order summary confirmation on screen and/or by email (as long as You have provided SMG with a valid email address) acknowledging that SMG has received Your order – this does not mean that Your order has been accepted. Your order represents an offer to SMG to purchase a particular item which is accepted by SMG only when SMG sends You an email (“Dispatch Confirmation”) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content. SMG may reject, modify or cancel Your order for any reason prior to shipping Your order. If SMG rejects Your order after payment has already been taken, SMG will provide You with a refund in accordance with SMG’s Refund Policy set out in Section Refund policy). Where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) SMG will refund the relevant element of the order in accordance with SMG’s Cancellation Policy for that particular product. Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. SMG is not liable for delays due to carrier, regardless of shipping method. If You have selected a trackable shipping method at checkout, You will receive tracking information via the email You provided with Your shipping information. Shipping delays will occur if an incorrect address is provided at the time of checkout. SMG is not responsible for any lost packages due to Your provision to SMG of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to SMG due to a shipping error, SMG will contact You, via the email You provided with your shipping information, for an updated address to send the product(s). If SMG does not receive a response within ten (10) business days of contacting You, SMG reserves the right to refund Your order. If You have ordered multiple items within a single order, SMG reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order containing multiple items into multiple shipments (“Split Shipping”) at SMG’s discretion. For some orders, SMG may offer You the ability to choose Split Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, Your items will ship in separate packages as they become available for shipment. Split Shipping is not available for every order and SMG reserves the right to revoke Split Shipping options at any time.

17. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

18. Damaged, Incorrect or Incomplete Orders

If Your order arrives damaged, incorrect or incomplete, please contact SMG at generalinquiry@stallionmusicgroup.com If Your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to SMG. Once SMG receives the photographs, SMG will issue You a return label via email. Once the damaged product(s) is shipped back to SMG, and SMG obtains possession of said product(s), SMG will provide You with replacement product(s). If Your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact SMG notifying SMG that You received incorrect product(s), SMG will issue You a return label via email. Once the incorrect product is shipped back to SMG, and SMG obtains possession of said product(s), SMG will provide You with a replacement product. Worn or Washed. SMG will not provide return labels, nor be responsible, for any product that has been worn or washed.

19. Payment

SMG may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. SMG may change the prices for products at any time by posting new prices on this Webstore. By paying with Your credit or debit card, or any other payment method, You confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank statement under the applicable artist or store name, or as SMG, or under the name of an applicable technology vendor (such as “Shopify”). If You have any questions about what to expect on Your credit card statement, please contact generalinquiry@stallionmusicgroup.com . It is always possible that, despite SMG’s best efforts, some of the items listed on this Webstore may be incorrectly priced. SMG will usually verify prices as part of SMG’s dispatch procedure so that, where a product’s correct price is less than SMG’s stated price, SMG will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on this Webstore, SMG will usually, at SMG’s discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. SMG is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after SMG has sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You. Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your purchase or soon afterwards. SMG may use a third-party service provider to process payments but will ensure that any payment processor engaged by SMG will use security to encrypt credit or debit card data. SMG will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact generalinquiry@antoniodidiano.com with any questions related to Your order if You are notified it is flagged for fraud.

20. Technical Problems

Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by SMG or the relevant third-party supplier as appropriate. SMG will not be liable to You for failures, defects or delays in delivery caused by Your provision of incorrect information; Your computer failing to meet the minimum technical requirements for the Services; Your failure to comply with instructions for use of the Services; an event which is outside of SMG’s reasonable control.

21. International Orders; Import Duty

Products ordered from this Webstore for delivery outside the United States may take up to eight (8) weeks from the ship date to arrive at the designated destination. Products ordered from this Webstore for delivery outside the United States may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, You shall be responsible for any local pickup or specified delivery with Your local postal service. SMG has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order. You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. SMG will not be liable for any breach by You of any such laws.

22. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

23. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Canada. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Canada. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

24. Contact information

This website is owned and operated by Stallion Music Group or by writing or emailing us at the following address: generalinquiry@stallionmusicgroup.com.