Vinyl Galore User Agreement
Membership Eligibility
Our listing service is available only to those individuals who are able to
form legally binding contracts. Minors (those individuals under the age of
18) are not eligible for membership and can only use Vinyl Galore under the
supervision of a legal parent or guardian.
Member Information
Most of the information listed on Vinyl Galore has been provided by its
members. This includes the personal member information pages as well as the
listed items for sale. Vinyl Galore provides this listing service "AS IS" and
assumes no responsibility for incorrect information due to timeliness, lack
of deletion, misdelivery and the such.
Vinyl Galore does not oversee each and every item of information and does hold
the right to remove any illegal or inappropriate listed information.
In consideration of Vinyl Galore, the listing service, you must provide
accurate, true and current information concerning yourself, and continue to
do so throughout your membership to maintain and update the data, to keep it
accurate, true and current, in a prompt manner. Vinyl Galore has the right to
suspend or terminate your membership and refuse any and/or all current or
future use of this listing service, if it is found that you are providing any
information that is not current, not true and/or inaccurate.
The information you provide to Vinyl Galore must not be threatening,
harassing, obscene, defamatory, libelous or infringe on any third party's
copyright, trademark, or right to privacy. This information must also not be
fraudulent or involve the sale of stolen items; violate any law, statute,
ordinance, or regulation, including without limitation those governing false
advertising, consumer protection, unfair competition, or export control;
contain or link to any computer code that may damage or interfere with the
Vinyl Galore system, data, or personal information. You also may not list on
or sell through Vinyl Galore any item that would cause us to violate any
applicable law or regulation.
Member Responsibility
All personal information relating to transactions must be kept current by
members. Failure to do so, may result in limitation or cancellation of your
membership and/or my include legal action.
You are solely responsible for your personal information, and Vinyl Galore
acts only as a passive conduit for online distribution and publication of
your personal information. Vinyl Galore may take action with respect to such
information it deems necessary or appropriate in its sole discretion if it
believes it may create liability or cause it to lose any of the services of
any affiliate(s) or supplier(s).
You are also responsible for all the information you upload, post or transmit
and/or email via the listing service, Vinyl Galore. You also understand that
by using the listing service, you may be exposed to material that may be
found to be offensive, indecent or objectionable. Vinyl Galore is not liable
in any way for any such material, including but not limited to mistakes in
material or for loss or damage of any kind incurred as a result of the use of
any material posted or emailed or transmitted via the listing service,
Vinyl Galore.
Copyright
You may print or copy portions of material from Vinyl Galore but only for your
own noncommercial use. Any other copying or any redistribution or publication
of Vinyl Galore material is strictly prohibited without the express written
consent of Vinyl Galore.
Vinyl Galore is protected by copyright as a collective work, pursuant to
United States copyright laws. You may not modify, copy, publish, transmit,
sell, create derivative works from, display, or in any way exploit any
content contained in Vinyl Galore.
International Use
Due to the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content regarding transmission
of technical data exported from the United States or the country in which you
reside.
Vinyl Galore is a Listing Service
Vinyl Galore cannot and does not guarantee each member is who he or she claims
to be. Vinyl Galore encourages members to communicate directly with
transaction partners if they have concerns.
Vinyl Galore is only a listing service. If you have a dispute with another
member or members, you release Vinyl Galore and its employees from claims
arising out of or in any way connected with that dispute.
Selling
Interfering with other sellers' sales is forbidden, as are all forms of price
manipulation, whether conducted by one member alone or in partnership with
others. Vinyl Galore may terminate your account if you are found to have
engaged in any fraudulent activity.
No Resale or Commercial Use
Vinyl Galore membership entitles individuals to use the site for their own
person use. You agree to not reproduce, copy, sell, resell or exploit for
any commercial purpose, any portion of this listing service, Vinyl Galore.
Disclaimer of Warranty
You expressly understand and agree that your use of this listing service is
at your sole risk. This service is provided on an "AS IS" basis.
Vinyl Galore makes no express or implied warranties, representations, or
endorsements whatsoever (including, without limitation, warranties of title
or non-infringement or the implied warranties of merchantability or fitness
for a particular purpose) with respect to Vinyl Galore, any merchandise,
information, or services provided through Vinyl Galore, or the accuracy or
results obtained from the use of any information or services provided through
Vinyl Galore.
Limitation of Liability
In no event does Vinyl Galore have any liability for any incidental,
consequential, or indirect damages arising out of the use of or inability to
use Vinyl Galore or any information or services provided on or accessed from
Vinyl Galore, even if Vinyl Galore has been advised of the possibility of such
damages. Because some states do not allow the exclusion of implied warranties
or the limitation of liability for consequential or incidental damages, the
above exclusions and limitations may not apply to you. In such states,
Vinyl Galore's liability is limited to the greatest extent permitted by law.
Termination
Vinyl Galore reserves the right to limit or terminate a member's membership
and/or access if you violate any term(s) of this Agreement or if we are
unable to verify any information you provide. A member may terminate his
membership in Vinyl Galore at any time.
Notices
Notices from Vinyl Galore to you may be made through email. Vinyl Galore may
also provide notices or changes by displaying them within the pages of the
Vinyl Galore site.
Fees
Sellers pay a setup fee of $5.00 and a
monthly charge. The monthly charge is dependent on the number of listed
items. 1-100 listed items is FREE. 101-500 listed items
is $5.00 per month. 501-2000 listed items is $10.00 per month.
2001-7500 listed items is $15.00 per month. 7501-25000 listed items is
$25.00 per month. After 25000 listed items, each additional
1-10000 listed items is an additional $1.00 per month.
For example, 35000 listed items equals $26.00
per month. All fees are quoted in US dollars.
The monthly charge is payable
each month on the anniversary of your sign up date. A monthly statement
will be sent via email on this date. The email statement will contain
a web address for paying your monthly fee with PayPal or a credit
card transaction. Accounts are considered
delinquent five days after the anniversary date each month.
Delinquent accounts will have all listings removed.
Security
When you sign up as a seller on Vinyl Galore, you choose a password upon
completing the registration process. You are responsible for maintaining the
confidentiality of the password and your account, and are responsible for the
activities that occur under your password and your account.
Vinyl Galore makes every effort to help in safeguarding the confidentiality of
each user's personal information. Credit card and personal information is
encrypted through secure server software (SSL).
Applicable Law
By visiting Vinyl Galore, you are in agreement of the laws of the state of
Nevada, without regard to principles of conflict of laws, will govern this
"user agreement" and any dispute of any sort that might arise between you and
Vinyl Galore.
General Information
Vinyl Galore's failure to insist upon or enforce strict performance of any
provision of this User Agreement shall not be construed as a waiver of any
provision or right. This User Agreement, the relationship between a member
and Vinyl Galore resulting from this User Agreement, and the resolution of any
dispute arising out of that relationship shall all be governed and construed
in accordance with the laws of the Commonwealth of Nevada, without reference
to its conflicts of laws. Members agree that any legal action or proceeding
between a member and Vinyl Galore, for any purpose concerning this User
Agreement or any obligations hereunder, shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in Nevada.
OUR ADDRESS:
Vinyl Galore, LLC
c/o Business Filings, Inc.
6100 Neil Road, Suite 500
Reno, NV 89511