These terms and conditions apply to Fender Digital, LLC (“Fender”) Fender Play pre-paid subscription (“Gift Cards”). The terms and conditions are subject to change at any time. Gift Cards may only be redeemed toward the purchase of eligible services provided by Fender on www.Fender.com/play.
1. Use of Fender Balance or any Gift Card in Violation of these Terms and Conditions.
Fender reserves the right to void Gift Cards, close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a Fender account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
2. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon the electronic transmission of the Gift Card to the purchaser or designated recipient, or Fender’s delivery to the carrier, whichever is applicable. Fender is not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission.
3. Limitation of Liability.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. 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 MAY HAVE ADDITIONAL RIGHTS.
4. General Terms.
No fees apply to Gift Cards. When you purchase, receive, or apply a Gift Card to your account, you agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Fender and its affiliates related to your use of a Gift Card. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
5. Gift Card Balance Usage and Expiration.
Gift Card balance does not expire and there are no service fees.. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
6. Acceptance of Terms.
You accept this Agreement when you purchase a Gift Card or code or redeem a Gift Card or code to your Fender Play account. Fender may add to, change, or remove any part of this Agreement from time to time.