Terms and Conditions

Thank you for visiting the PlaybuttonStore!  This website (the “Site”), which sells customizable music players for personal use, is operated by Playbutton, LLC (“Playbutton”) and is governed by the following Terms of Use (“Terms”).  By visiting or shopping at PlaybuttonStore, you expressly accept these Terms.  Please read them carefully.

 At any time, Playbutton reserves the right to:

·      Change the terms and conditions of the current Terms to take effect immediately without prior notification. 

·      Change the images, products, promotions or any other content housed on the Site.  

Continued use of the Site will be deemed as acceptance of these new Terms.

By using the Site, you certify that you are at least 13 years of age or if under 13 years of age, you have consent of your parent or guardian to use the Site.  If you are under the age of 13 and/or do not agree with the Terms, please discontinue use of the Site.

1.              Copyright. All graphics, artwork, trademarks, service marks, logos and other artwork content; as well as any music, songs, digital renderings and audio content “Content” displayed on PlaybuttonStore are property of Playbutton or have been supplied to Playbutton by the rightful owners.  Playbutton grants a limited license to temporarily view content while on the site, provided that you do not use, duplicate, or reproduce the Content. 

2.              Orders.  We accept orders online 24-hours a day, 7-days a week.  All accepted orders are non-cancellable by purchaser.  Playbutton reserves the right to cancel any pending orders without cause at any time.  In the case where Playbutton must terminate a pending order, all funds will be returned to purchaser via the same method of payment used to place the order.

3.              Customized Orders.  Both parties shall mutually agree on the specifics of an order as set forth in the Order Form.   By clicking “submit” on the online order form, you expressly agree on the materials provided at the displayed price.  Playbutton’s acceptance of the order will be deemed mutual agreement.  Playbutton reserves the right to decline any orders they feel are unlawful, abusive, fraudulent, threatening, defamatory, obscene, or infringes on any third party’s intellectual property or other rights.  Customized playbuttons are compatible with MP3 audio files, but may not support other audio formats such as M4A, WAV, AVI, etc. 

Average turnaround time for Customized Orders is 40 days after Purchaser confirms the customized sample image provided by Playbutton; however Playbutton is not required to deliver within 40 days.

4.              License Grants: Indemnification. If Purchaser chooses to upload an image for customized orders, purchaser hereby grants to Playbutton a limited, non-exclusive, worldwide, non-transferable, non-sublicensable, royalty-free license for the term of this Agreement to publish, use, reproduce, distribute, perform, transmit, create derivative works from and display the Content in connection with the performance of the Services.  In addition, this license constitutes a direct license of any and all performance rights which may be created in connection with such permitted uses. 

Playbuttons purchased on PlaybuttonStore are intended for personal, noncommercial use, and only licensed Content should be uploaded.  Playbutton is not responsible for the licensing of Content printed on or uploaded to the devices. Purchaser represents and warrants to Playbutton that the Content does not and will not infringe or violate any third party intellectual property rights, performance rights, distribution rights, rights of privacy, publicity rights, or contractual rights.  Purchaser, at its own expense, shall indemnify, defend and hold harmless Playbutton, its directors, employees, agents, affiliates, customers, suppliers and assignees from any loss, damage, liability or expense (including attorneys’ fees and expenses) arising from or related to any breach of the foregoing warranties. 
For large-scale orders intended for commercial use, please contact our sales team at support@playbutton.com.

5.              Ownership.  Purchaser shall retain all right and property of any images submitted to Playbutton, (permitting the design is original and the intellectual property of purchaser).  Playbutton shall retain all right, title and interest in the Services and any content or technology developed by Playbutton.

6.              Pre-Orders.  By pre-ordering products that are not yet available, you are authorizing Playbutton to automatically charge your account upon purchase.  It is your responsibility to redeem the pre-purchased download once it becomes available.  Playbuttons cannot be returned nor can money be refunded if you do not choose to download the pre-purchased audio content.

7.              Branding.  Playbutton shall have the right to place its logo, name, trademark, patenting, branding, or other type of identifying mark on the Product.

8.              Payment.  You agree to pay for all products and services you purchase on PlaybuttonStore.  All fees are payable immediately upon purchase.  YOU ARE RESPONSIBLE FOR PROVIDING PLAYBUTTON WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT UPON CHECKOUT FOR PAYMENT OF ALL FEES.

9.              Shipping Policy.  Orders shipped within the 48 continental states are limited to a single shipping address per order and will be shipped via USPS unless otherwise specified.  Orders placed Monday-Friday before 12pm EST will begin processing that day, excluding holidays, and will start shipping within 2 business days pending product availability and credit verification.  All orders placed after 12pm EST will begin processing the next business day.  All orders placed after 12pm EST will begin processing on the following Monday.  If the merchandise selected is not currently available or if additional identification is needed for credit verification, Playbutton Customer Service will contact you by email. DELIVERY TIME DOES NOT INCLUDE SATURDAYS, SUNDAYS OR HOLIDAYS, pending credit verification. When an order is placed, it will be shipped to an address designated by the purchaser.

10.           Warranty.  Playbutton warrants playbuttons purchases on PlaybuttonStore  against defects in materials and workmanship under normal use for a period of twelve (12) months.  If a defect exists, Playbutton will (i) repair the defective unit or (ii) replace the defective unit. This guarantee takes effect from the date of receipt and is valid for a period of twelve (12) months.

11.           Returns and Refunds.  All sales are final.  WE DO NOT ACCEPT RETURNS OR EXCHANGES ON NON-DEFECTIVE PLAYBUTTONS. In the case of a defective unit that is under warranty, please return to us at the below address and we will either (i) repair the defective unit, or (ii) replace the defective unit.  Please contact us at support@playbutton.com if you are experiencing issues with your playbutton and suspect that it is defective.  If we deem the playbutton defective, please send the unit to:

PLAYBUTTON, LLC
37 W 28th St, 3rd Floor
New York, NY 10001

12.           Privacy.  Playbutton respects your privacy!  All visits and purchases on PlaybuttonStore are subject to Playbutton's Privacy Policy.

13.           Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, PLAYBUTTON MAKES NO OTHER WARRANTIES, INCLUDING ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE, CUSTOM, COURSE OF DEALING BETWEEN THE PARTIES, TRADE USAGE OR COMMON LAW. 

14.           Limitation on Liability.  EXCEPT FOR INDEMNITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY, FOR ANY: (I) INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR (II) AMOUNTS IN THE AGGREGATE IN EXCESS OF THE FEES PAID FOR THE APPLICABLE PRODUCTS AT ISSUE. Playbutton shall not be held liable for errors or defects in any Content or related materials supplied by PURCHASEr that contain errors or defects caused by Licensor, including, but not limited to, artwork files, music files, masters and match-prints.

15.           Miscellaneous.  Each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other.  This Agreement and the rights, obligations and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, permitted assigns, and personal representatives.  Neither party may assign or transfer any or all of its rights under this Agreement, in whole or in part, without the written consent of the other party, except that either party may assign this Agreement to an affiliate without the other party’s consent and either party shall be entitled to assign this Agreement to any successor to all or substantially all of its business that concerns this Agreement (whether by sale of stock or assets, merger, consolidation or otherwise) without the prior written consent of the other party. This Agreement contains the entire understanding of the parties regarding its subject matter and supersedes all other agreements and understandings, whether oral or written.  No changes or modifications or waivers are to be made to this Agreement unless evidenced in writing and signed for and on behalf of both parties.  If any portion of this Agreement is held to be illegal or unenforceable, that portion shall be restated, eliminated or limited to the minimum extent necessary so that this Agreement shall reflect as nearly as possible the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflicts of laws provisions thereof.  

The total price includes the price of the product, plus shipping and sales tax, if applicable.  Sales tax is based on the bill-to address and the sales tax rate in effect at the time of purchase. 

This Warranty does not apply to playbuttons: (i) purchased at other retail channels other than PlaybuttonStore; (ii) that have incurred damage caused by accident, abuse, misuse, fire, or flood; (iii) have been operated outside of normal product use; or (iv) whose only “defect” is cosmetic damage, including but not limited to scratches, dents, and chips.

 Playbutton, LLC

37 W 28th St, 3rd Floor

New York, NY 10001

16.       Questions.  If you have any questions, comments or concerns regarding these Terms of Use, please contact us at:

 Playbutton, LLC

37 W 28th St, 3rd Floor

New York, NY 10001

support@playbutton.com