| AllMusicSearch.com Music Auctions User Agreement ("Terms and Conditions") |
AllMusicSearch Music Auctions reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective on the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.
All questions regarding this User Agreement should be sent via email to Legal Support .
1. Membership Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing AllMusicSearch Music Auctions with true and correct information as required on the AllMusicSearch Music Auctions registration form. If the contact information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws.
No MINORS, may under any circumstances use these services.
Our services are not available to any persons who are suspended or otherwise banned as AllMusicSearch.com Music Auction members or who have been suspended/banned from other services offered by AllMusicSearch.com Inc.
By registering with our site, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
2. AllMusicSearch Music Auctions serves only as a Venue
AllMusicSearch Music Auctions is an Internet site on which registered users post ads offering music related merchandise which they possess and wish to sell in an open auction or classified ad environment. Registered users may also bid on or buy such merchandise. At no time does AllMusicSearch Music Auctions possess, hold, or offer any merchandise for sale or auction, nor are we involved in any part of the actual transaction. AllMusicSearch Music Auctions serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the bidder/buyer to verify with the seller any or all information about any item listed on AllMusicSearch Music Auctions, for which they intend on placing a bid, before placing such bid. AllMusicSearch Music Auctions can not be responsible for a sellers willingness or ability to sell any item they have listed, or a Bidders willingness to follow through with a transaction for an item(s) for which they have placed a bid. We encourage open communication between buyers and sellers before and after any transaction takes place.
Therefore, AllMusicSearch.com Music Auction assumes no responsibility and is not liable for the items advertised, neither does it assume any responsibility and/or liability for the merchantability of an item or items, nor is it responsible in any way for the safety and/or legality of the items advertised, or the accuracy of the listings. AllMusicSearch.com Music Auction is not responsible for the financial fitness of the buyers and sellers who use this venue, nor is AllMusicSearch.com Music Auction in any way responsible for the financial condition of a particular buyer or seller. AllMusicSearch.com Music Auction does not guarantee that a buyer and seller will actually come to final terms in any given transaction. No guarantees of any kind or nature are given by AllMusicSearch.com Music Auction.
3. User Verification and Safe Trading
Because user authentication on the Internet is difficult, AllMusicSearch.com Music Auction cannot and does not confirm each user’s purported identity. As a result, we have established a user initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicated directly with potential trading partners. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
4. Disputes and Release
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you agree to release AllMusicSearch.com Music Auction and its parent company AllMusicSearch.com Inc. (and our officers, directors, agents, subsidiaries and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. Selling on AllMusicSearch Music Auctions
By listing an item(s) for auction/sale on AllMusicSearch Music Auctions, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for auction/sale does not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s). Furthermore, you may not list any item on our site (or consummate any transaction that could cause us to violate any applicable law, statute, ordinance or regulation).
AllMusicSearch Music Auctions is a venue for the buying, selling, and trading of music related products and services. Items and services listed on the site must be of a music or music industry related nature. We reserve the right to remove auctions and classifieds that are not music related
Listings may consist of any one, or a combination of the following:
A detailed and accurate text, and/or html description of your item
A picture(s) or graphics which you supply of your item
A link to a picture (that you own or have rights to link to)
All posted and/or listed items must be posted/listed in an appropriate category.
All Dutch Auction items must be identical (the size, color, make, and model all must be the same for each item).
Listings (and about me pages and forum posts) may not contain items or information that:
Violate any state, local, or federal laws that prohibit the sale or distribution of your item.
Infringe upon any third parties, copyright, patent or trademark rights.
Falsely advertise, or misrepresent the merchandise being offered for sale.
Are sexually explicit or obscene in nature ,contain or describe sexual acts, nudity, pornography or child pornography, or would be classified as Adult only material.
By paying a listing fee or final auction value fee to AllMusicSearch Music Auctions, might cause us to violate any local, state, federal law, regulation or guideline.
- Link directly or indirectly to or include descriptions of goods or services that are either (a) prohibited under this Agreement, (b) are identical to other items you have up for Auction but are priced lower than your item’s reserve or minimum bid amount or are concurrently listed for Auction on a web site other than AllMusicSearch.com , or (c) that you do not have a right to link to or include.
- Link to other auction sites, fixed price venues, shopping malls, or pages that serve as doorways for these type of sites.
- List an item or service that is not music or music industry related.
Without exception, if you receive at least one bid at or above your stated minimum price (or in the case of reserve Auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the Auctions completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyers identity.
Sellers may not engage in the following activity:
Using a secondary UserID to place bids on your own auction for any reason.
Soliciting bidders who have placed bids in an auction being run by another seller offering an item similar or identical to yours.
Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another online auction site.
Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the item's description.
If you are running a Dutch Auction, your items must be identical in size, shape, color, and description.
6a. Bidding and Buying: Placing Bids
By placing a bid on an item(s) listed on AllMusicSearch Music Auctions, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid.
If you are the highest bidder at the end of an Auction which is defined as meeting the applicable minimum bid or reserve requirements, and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of the sale included in the item’s description, or linked to from the description, so long as those conditions of the sale are not in violation of this Agreement or unlawful.
Before placing a bid in an auction, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid.
Only in certain situations would bid withdrawal be acceptable. These situations may include:
The seller has made material changes to the description of the item after your bid was placed.
The seller has made a clear typographical error in the description of the item.
You have contacted the seller and received their express permission to withdraw your bid.
- You cannot authenticate the seller’s identity.
Bidders may not engage in the following activity:
Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder.
Placing bids for the purpose of exposing the sellers reserve price, then retract your bid and bid again later with a secondary User ID.
Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on AllMusicSearch Music Auctions, any questions you may have regarding the sale of, or condition of the item before placing your bid.
By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s).
6b. Bidding and Buying: Non Paying Bidder Policy
Users who receive 2 non paying bidder warnings will be permanently suspended from using the services of AllMusicSearch.com Music Auctions, without exception.
6c. Fraud and Manipulation of Bid Pricing by Buyers or Sellers
Fraudulent activity will not be tolerated. And without limiting any other remedies, AllMusicSearch.com Music Auction may suspend or terminate your account if you are found by conviction, settlement, insurance or escrow investigation, or otherwise to have engaged in fraudulent activity in connection with our site. Neither bidders nor sellers may manipulate the price of any item through shill bidding or other actions that AllMusicSearch.com Music Auctions staff deems to be manipulative nor may you interfere with other Users listings or Auctions.
Fraudulent conduct may be reported to law enforcement, and AllMusicSearch Music Auctions will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
There are no fees to register, bid or buy merchandise listed on AllMusicSearch Music Auctions .
AllMusicSearch.com Music Auction’s Fees and Credits Policy is available and is incorporated herein by reference, as though fully set forth herein. Like our other Terms and Conditions, we may change, modify, and/or otherwise revise our Fees and Credits Policy as well any other fees for AllMusicSearch.com Music Auction’s services. All changes to the Fees and Credits Policy shall be effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes in the Fees and Credits Policy to the Fees and Credits Policy page of this web site. AllMusicSearch.com Music Auction does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be effected by numerous factors beyond our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
We also reserve the right to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Fees and Credits Policy pages.
At the time you list or post an item for Auction, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
8. Personal Information
Personal information is the information that you provide to AllMusicSearch Music Auctions or to other members when:
Completing the registration process.
Listing an item.
Placing a bid.
Leaving feedback comments.
Placing your credit card information on file with us.
Posting messages in any lobby area.
Using any email feature offered to you through use of the site.
Information provided by you, including any and all items listed/posted by you shall not:
- a. be misleading, inaccurate, false, fraudulent, involve the sale of counterfeit merchandise and/or stolen items and/or goods
- b. infringe on the intellectual property rights of others, including but not limited to copyrights, trademarks, patents and other intellectual property
- c. be obscene or contain material that may be construed as obscene or adult in nature and/or harmful to minors.
- d. contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information
- e. create liability for us or cause (in whole or in part) our ISPs or other suppliers
You are solely responsible for your personal information, and AllMusicSearch.com Music Auction acts as a passive venue for your online distribution and publication of your Information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.
9. Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.
10. Public Chat Lobbys
AllMusicSearch Music Auctions provides public forums (herein referred to as "Lobbys"), in which registered members may post messages and enjoy interacting with other registered members. These lobbys are provided as a courtesy to the AllMusicSearch Music Auctions community. AllMusicSearch Music Auctions is not responsible for the content posted in the Lobbys and may not agree with the views expressed therein.
The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your AllMusicSearch Music Auctions Account.
Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby.
Posts that advertise items you have for sale.
Posts that contain profanity or that are defamatory in nature.
Posts that contain links to other online auction sites.
Posts that contain adult pictures, material, or links thereto.
Posts that disclose personally identifiable information about another registered member.
Posts that are disruptive in nature, harass or threaten another member or AllMusicSearch Music Auctions staff member.
Additional guidelines may be posted, and amended, regarding the use of our chat lobbys.
11.Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of or the appropriate third party.
AllMusicSearch Music Auctions provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the Feedback system are prohibited:
Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing.
Leaving feedback that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable information.
Leaving comments that are negative in nature, through the selection of the Positive comment option.
AllMusicSearch Music Auctions provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account.
In the event that your feedback rating should reach the status of -2 (negative 2) your registration and account may be suspended.
It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by AllMusicSearch.com Music Auction, and that composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between AllMusicSearch.com Music Auction users, you agree that you shall not market or export your feedback rating in any venue other than AllMusicSearch.com Music Auction.
All notices given between both parties (You and AllMusicSearch Music Auctions) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.
15. Limitation of Liability - No Warranties
IN NO EVENT SHALL AllMusicSearch Music Auctions (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE OR THE SERVICES WE PROVIDE.
THE AllMusicSearch Music Auctions SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED, IMPLIED, OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
You agree to indemnify and hold harmless AllMusicSearch Music Auctions, its officers, directors, agents, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AllMusicSearch Music Auctions, the violation of this User Agreement or the documents it incorporates by reference by you, or the infringement by you or any other user of this site using your computer, of any law or intellectual property or other right of any person or entity.
17. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.
18. No Partnership / Agency
You and AllMusicSearch Music Auctions act as independent contractors and at no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or AllMusicSearch.com Music Auction may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or AllMusicSearch.com Music Auction pending the completion of arbitration.
20. Information Control
We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site.
The AllMusicSearch Music Auctions Copyright Policy which is available here is included herein by reference.
22. Violation of User Agreement
Without limiting other remedies, we may immediately issue a warning, or terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us. . This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of New York. You further submit to the legal jurisdiction of the state of New York and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in New York, New York, or a court within the jurisdiction of the state of New York. This Agreement sets forth the entire understanding and Agreement between AllMusicSearch.com Music Auction and its Users with respect to the subject matter hereof.
The services herein are offered by AllMusicSearch Music Auctions. Any Inquiries can be made to the following address:
AllMusicSearch Music Auctions
ATTN: Legal Department
272 E 3RD ST #1
New York, NY 10009