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Terms & Conditions...

Our site is Free to use and Free to list equipment for sale.


You as a user of The Audio Auction agree to only list Pro Audio Equipment and Entertainment Production equipment. We at The Audio Auction and or its affiliates accept no liability for any acts or damages caused by any user and or users of this website and you the user shall have no claim or rights to seek any damages against The Audio Auction, and or its affiliates resulting from the use of The Audio Auction website.


You further agree to the following:

 

  THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE AUDIO AUCTION OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the Registration / Users agreement (the "Agreement" or "Registration/"User Agreement") for The Audio Auction. This Agreement is made between you and The Audio Auction and the following describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of http:/ /www.theaudioauction.com (the "Site") and the general principles for the websites of our subsidiaries and international affiliates.

The Audio Auction is a venue in which seller�s list items for sale for free. Sellers pay The Audio Auction a final value fee of 2% for items they sell on The Audio Auction. Final value fees are charged and paid upon the completion of a successful auction. The final value fee is calculated based upon the final price listed in the winning bid of a successful auction. Upon completion of a successful auction the winning bidder will receive the sellers contact information and the seller will receive the buyers contact information. The contact information shall be supplied by The Audio Auction. It is agreed that any and all users of any kind or nature being known or unknown to any other person, persons, groups, forums, medias known or unknown of The Audio Auction shall not supply, provide, list, mail, transfer, exchange, or attempt to supply, provide, list, mail, transfer, exchange, any direct or indirect contact information of users or location of item or items that are listed for auction on The Audio Auction site except in the list of the approved regions on the list an item page of The Audio Auction. It is also agreed that all contact information between users shall be supplied to other users only after the completion of a successful auction between a buyer and seller. The Audio Auction reserves the right to cancel any listings and suspend any and all users that violate this policy. Fees for listings that violate this policy will not be refunded and a final value fee will be charged to the seller for the item which was listed. The final value fee will be charged based upon the reserve price or the average retail market value of the item or items that were listed. You not will be charged a Final Value Fee: If you do not consummate the sale with the buyer after the completion of a successful auction. It is critical that all sellers list the item that they are selling properly. All buyers must complete the transaction with seller. Any buyers or sellers that do not complete a transaction once they have agreed to sell and or buy an item that is listed and sold by a successful auction or listing on The Audio Auction shall be subject to their membership being terminated and or final value fees being charged for the item or items that were listed and successflly auctioned.

If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read and accept all of the terms and conditions contained in this Registration / User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and above and those incorporated by reference, before you may become a member of The Audio Auction.

We strongly recommend that, as you read this Registration /User Agreement you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Audio Auction user. By accepting this Registration / User Agreement, you also agree that your use of other Audio Auction websites will be governed by the Registration / User Agreement and Privacy Policy posted on those websites. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and The Audio Auction. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on February 29th, 2004 for all users. The previous amendment to this Agreement was effective for all users on February 28th, 2004.

Membership Eligibility: Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended The Audio Auction members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Audio Auction account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

The Audio Auction is a Venue. The Audio Auction is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Pennsylvania, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Identity Verification: We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, The Audio Auction cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release: Because we are a venue, in the event that you have a dispute with one or more users, you release The Audio Auction (and our officers, directors, agents, subsidiaries, joint ventures 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. If you are a California resident, you waive California Civil Code �1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Control of Information: We do not control the information provided by other users that 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 the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and The Audio Auction is not responsible for the acts or omissions of users on the Site.

Fees and Services: Joining and bidding on items at The Audio Auction is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged.

Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site.. 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 the Site and all applicable taxes.

Selling and Listing: Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.

Binding Bids Except: for items listed, 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 as the seller to complete the transaction with the highest bidder upon the auction's 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 buyer's identity.

Fraud: Without limiting any other remedies, The Audio Auction may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.

Buying and Bidding: As a buyer, you are obligated to complete the transaction with the seller: If you purchase an item through one of our fixed price formats or if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, except if the transaction or item is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; or you cannot authenticate the seller's identity.

Your Information: Definition," Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Activities that are Restricted: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or otherwise whether it be adult in nature or harmful to minors, and such material or items shall not be posted or listed anywhere on this site.

Viruses: Any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that: A: are 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; C: are concurrently listed for sale on a web site other than The Audio Auction's (this does not prevent a user from advertising on The Audio Auction an item from another web site); or D: you do not have a right to link to or include a link to another website: Furthermore, you may not list the same exact item on another Site (or consummate any transaction that was initiated using our service) except only after paying to us the listing fee and the final value fee of that item, or list an item that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

License: You Solely Agree to enable The Audio Auction to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, or to sub license (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Audio Auction will only use Your Information in accordance with our Privacy Policy.

Integrity of Feeback: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of 1 or lower averaged over 5 auctions or more, your membership may be suspended, and you may be unable to list or bid.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by The Audio Auction, and that the 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 Audio Auction users, you agree that you shall not market or export your Audio Auction feedback rating in any venue other than an Audio Auction operated website.

Import: We do not provide you the technical ability to import feedback from other (non-Audio Auction operated) websites to Audio Auction because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Interference and Access: The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to The Audio Auction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of The Audio Auction and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Breach: Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Privacy: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

No Warranty: WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limit of Liability: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No Agency: You and The Audio Auction are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Legal Compliance: You shall comply with all applicable domestic and international 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.

Indemnity: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail to The Audio Auction Attn: Legal Department 4995 Paist Road, Doylestown, PA 18901 (in the case of The Audio Auction) or to the email address you provide to The Audio Auction during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Audio Auction during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes: In the event a dispute arises between you and The Audio Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Audio Auction agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $8,000, you or The Audio Auction may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Court: Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Bucks County, Pennsylvania. You and The Audio Auction agree to submit to the personal jurisdiction of the courts located within the county of Bucks County, Pennsylvania.

Alternative Dispute Resolution: Alternatively, The Audio Auction will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Bucks County, Pennsylvania or another location mutually agreed upon by the parties All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

General Provisions: This Agreement shall be governed in all respects by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by The Audio Auction in accordance with Section "Notices", in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Services and Fees: With respect to fees owed for our services, (Release), (License), (Access and Interference), (Liability Limit), (Indemnity), (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

Disclosures: The services hereunder are offered by The Audio Auction, located at 4995 Paist Road, Doylestown, PA 18901. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections check with your Internet service provider.

Disputes between you and The Audio Auction regarding our services may be reported to support@theaudioauction.com Customer Support. We encourage you to report all user-to-user disputes and for you to contact your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

 

 

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The Audio Auction!

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