Last Updated: March 1, 2023
Introduction
Welcome to the Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player website, owned and operated by Thomas Pacconi Ornaments LLC.
Please read these Terms and Conditions carefully before using our website. By accessing or using thomaspacconi.com, you agree to be bound by these Terms and Conditions and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms and Conditions, do not access or use our website.
These Terms and Conditions govern your access to and use of thomaspacconi.com, including any content, functionality, products, and services offered on or through the website.
Thomas Pacconi Ornaments LLC reserves the right to change these Terms and Conditions at any time. Updated versions will be posted on this page, so check back regularly. Your continued use of our website will confirm your acceptance of any changes.
Site Access and Use
Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player grants you a limited, non-exclusive, non-transferable license to access and use our website for your personal, noncommercial purposes. You agree not to use the website for any unlawful or prohibited purpose.
You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, distribute, modify, upload, post, transmit or create derivative works of any materials from the website in any way without Thomas Pacconi Ornaments LLC’s prior written permission. You may, however, download or print one copy of materials on the website for your personal, non-commercial use, provided you do not remove any trademark, copyright or other proprietary notices.
Intellectual Property
The content on the Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player website, including text, graphics, logos, button icons, images, audio clips, and software, is the property of Thomas Pacconi Ornaments LLC and protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of Thomas Pacconi Ornaments LLC and protected by U.S. and international copyright laws.
All software used on this website is the property of Thomas Pacconi Ornaments LLC or its software providers and protected by U.S. and international copyright laws. Any unauthorized use, reproduction, posting, distribution, transmission, republication, display, or performance of the content or software on this site is strictly prohibited.
The THOMAS PACCONI name and logo are trademarks of Thomas Pacconi Ornaments LLC and may not be copied, imitated, or used without prior written permission. Other trademarks, registered trademarks, product names, and logos appearing on the site are the property of their respective owners.
User Content
By posting, uploading, inputting, providing, submitting or otherwise making available any text, images, audio, video or other content (“User Content”) to Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player, you grant the company and its affiliates a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, transmit, publicly display, distribute, sublicense, translate, create derivative works from and publish the User Content in any form, medium, or technology now known or later developed.
You represent and warrant that:
- You own or control all rights in and to your User Content and have the right to grant the licenses granted herein.
- Your User Content does not violate any copyright, trademark, patent, trade secret, right of privacy or publicity, or other intellectual property right or applicable law.
- Your User Content does not contain any virus, malware, spyware, adware, or other harmful code or content.
- Your User Content will not be false, inaccurate, misleading, defamatory, libelous, obscene, pornographic, abusive, racist, offensive, threatening, harassing, discriminatory, illegal or otherwise objectionable, as determined by Thomas Pacconi Ornaments LLC in its sole discretion.
Thomas Pacconi Ornaments LLC reserves the right (but is not obligated) to monitor, review, edit, remove, disable access to, or delete any User Content for any reason, including User Content that violates these Terms and Conditions or is otherwise objectionable to Thomas Pacconi Ornaments LLC. Thomas Pacconi Ornaments LLC takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party.
Product Purchases
Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player offers various products for sale through its online store. By placing an order on our website, you agree to the following terms:
- Product Prices and Availability: Prices and availability for our products are subject to change without notice. Errors will be corrected when discovered, and Thomas Pacconi Ornaments LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions at any time without prior notice.
- Payment: All purchases are subject to authorization by your payment provider. If payment cannot be processed or authorized, your order may be cancelled. Please check your payment information carefully.
- Sales Tax: Applicable sales tax will be collected for orders based on state law and the information you provide at checkout.
- Shipping and Delivery: Shipping costs, transit times, and shipping providers may vary based on your delivery address. See our Shipping Policy for full details. We cannot guarantee expedited shipping requests.
- Returns and Refunds: Please review our Return Policy posted on our website. Custom and personalized products are non-refundable.
- Order Cancellation: We reserve the right to cancel any order due to product unavailability or other issues. You will be notified if all or any portion of your order is cancelled, and you will receive a full refund of any amounts already paid for the cancelled products.
Disclaimers
Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player strives to provide accurate product descriptions, pricing, and other information on our website, but errors may occur.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THOMAS PACCONI ORNAMENTS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THOMAS PACCONI ORNAMENTS LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, TIMELY, ACCURATE, COMPLETE, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE PROTECTION MECHANISMS TO SAFEGUARD YOUR SYSTEM AND DATA.
Any reliance upon the website or its content is at your own risk. Thomas Pacconi Ornaments LLC assumes no liability or responsibility for damage caused by your access or use of the website. You agree that you are responsible for any damage to your computer system, loss of data, or other harm that results from accessing the website.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THOMAS PACCONI ORNAMENTS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Thomas Pacconi Ornaments LLC, its officers, directors, employees, and agents from and against any third party claims, actions, demands, liabilities, damages, losses, costs and expenses (including reasonable attorney’s fees) that arise from or relate to: (a) your access to or use of the website; (b) your User Content; (c) your violation of any of these Terms and Conditions; or (d) your violation of any applicable law. Thomas Pacconi Ornaments LLC reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations.
Termination
Thomas Pacconi Ornaments LLC reserves the right to terminate your access to all or part of the website with or without notice and for any reason, including breach of these Terms and Conditions. Any such termination will not affect any right or relief to which Thomas Pacconi Ornaments LLC may be entitled at law or in equity. Upon termination, all rights granted to you will immediately cease and terminate, and you must cease all use of the website. The provisions of these Terms and Conditions concerning Thomas Pacconi Ornaments LLC’s ownership rights, disclaimers of warranties, limitations of liability, indemnification, and jurisdictional issues will survive any termination.
Governing Law and Jurisdiction
Use of Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player and these Terms and Conditions are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. You agree that any dispute arising from or relating to the use of the Website or these Terms and Conditions will be heard exclusively in the state or federal courts located in Delaware. You hereby irrevocably consent to the personal jurisdiction and venue of these courts.
Modifications to Website
Thomas Pacconi Ornaments LLC reserves the right to modify, suspend, discontinue, or restrict the use and availability of all or any portion of the website at any time without notice or liability. You acknowledge and agree that Thomas Pacconi Ornaments LLC will not be liable to you or any third party in the event that we exercise such rights.
Severability
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
No Waiver
The failure of Thomas Pacconi Ornaments LLC to exercise any right provided in these Terms and Conditions will not be deemed a waiver of that right.
Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at:
Thomas Pacconi Ornaments LLC
[email protected]
By using the Thomas Pacconi® Ornaments, Christmas Ornaments, Record Player website, you affirm that you have read and agree to be bound by these Terms and Conditions in their entirety.