USER AGREEMENT

The following is the USER AGREEMENT as presented by MusicAAmore.com. You must agree to these terms before you will be able to bid, list or sell items on the site. If you wish to LIST & SELL items on our site, complete this registration form, then go to the SELLER INFO page (link on Homepage) for further information. SELLERS MUST CONTACT US FOR APPROVAL BEFORE LISTING ITEMS.

IF YOU DO NOT ACCEPT THESE TERMS, PLEASE, DO NOT USE OUR SERVICES. ONCE YOU CLICK THE I ACCEPT BUTTON BELOW, YOU AGREE THAT YOU HAVE READ ALL ARTICLES OF THIS AGREEMENT AND AGREE TO ALL SAID TERMS OF THIS USER AGREEMENT.

This agreement is effective on January 10, 2003. We may amend this agreement at any time by posting amendments on our ANNOUNCEMENTS page (link on Homepage). All amended terms shall automatically be effective 30 days after they are initially posted on the ANNOUNCEMENTS page, and will be incorporated into the USER AGREEMENT at that time.


Article 1. Membership - This auction site is available only to individuals who can form legally binding contracts between buyers and sellers under applicable law. Minors are not eligible for membership. If you do not meet these requirements, you are not eligible to use these auction services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
Article 2. Fees and Services - Registering and bidding on items at MusicAAmore.com is free. There are fees associated with selling items on our site. All fee schedules and policies are posted on our SELLER INFO page (link accessible from the Homepage), and annexed to this Agreement herein. When you list an item for sale you have an opportunity to review and accept the fees that you will be charged for the use of our service.

We may in our sole discretion change some or all of our services and/or fees associated with said services at any time. Registered sellers will be notified of any changes and changes will become effective for any listings created after notification. All fees are quoted in US Dollars. You are responsible for paying all fees associated with the use of our service and our Web site and all applicable taxes.


Article 3. MusicAAmore.com is Not an Auctioneer and is only providing auction services. We provide services to people interested in selling and buying merchandise via Internet auction. We do not have control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, nor are we responsible for the actions of those who participate or their ability to complete transactions. Use of this site is at your own risk, and content is presented 'As-Is'.

We do, however, screen all sellers on the site carefully before they are allowed to list items for sale. Any registered user may apply to sell on the site by following the instructions set forth on the SELLER INFO page (link accessible from the Homepage), annexed herein.

In the event that you have a dispute with one or more users, you release MusicAAmore.com 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.


Article 4. Bidding and Selling - As a bidder, you hereby agree that placing a bid is a legal binding contract between you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid.

As a seller, the item that you present for bidding must be real and truthfully represented to the best of your knowledge. Once a bid has been placed for your item, you are being placed in a legal binding contract with the potential buyer of the item, if that bid shall be the highest bid. Once the auction is over, if over reserve price or the actual Buy It Now price, you are obligated to sell to the potential buyer of which is the highest bidder in your Auction. If, reserve price was not met, you are not obligated in any way to sell the item. As a seller, you are not allowed in any way to place bids on your own items either through your seller user identity or any multiple or duplicate registration. If reported and verified, your Auctions will be deleted and registration terminated. You hereby agree not to sell illegal merchandise on MusicAAmore.com, including pirated music, videos, software, or any item that violates copyright infringement or for which you do not possess license for reproduction. Listed items are subject to review by MusicAAmore.com staff and may be removed without prior notice if in violation with the User Agreement.

As a registered user of MusicAAmore.com you agree that all bids placed and all auction items that close with a successful winning bid constitute a legal binding contract between buyer and seller. It is the responsibility of each seller listing items with MusicAAmore.com to outline the terms of said contract and all selling policies in writing either on the auction listing or a separate User Profile page provided on the site. It is the responsibility of each buyer to thoroughly read said terms and policies both on the auction listing and the Seller Profile page (if any) PRIOR to placing any bids. Any questions about said terms and policies, or the item itself, should be directed to the individual seller, ALSO PRIOR to placing any bids. Once a bid has been placed on the site, it cannot be retracted unless agreed to and authorized by the individual seller of the item.


Article 5. Fraud - Without limiting any other remedies, MusicAAmore.com may terminate your membership if you have engaged in fraudulent activity in connection with our site. We suggest that sellers and buyers make contact with each other immediately following the close of a successful auction. We suggest that sellers and buyers try to complete transactions within 7-10 days after the close of a successful auction. BUT it is the responsibility of the individual sellers on the site to create their own individual sales, payment and shipping policies and to make these policies available to buyers prior to bidding. It is the buyer’s responsibility to understand these individual terms and policies, and to adhere to them once an auction has closed. We highly suggest that buyers and sellers work out any differences or discrepancies amicably. BUT, if fraud is suspected, if either buyer or seller fail to complete a transaction, or if any item sold on the site is grossly misrepresented, a FRAUD REPORT may be filed. The fraud report link can be found on the tabs at the top of the Homepage. All fraud reports will be immediately investigated. Failure to reply to a fraud investigation within 24 hours, or failure to supply requested information, will result in immediate membership termination. Proof of fraud will result in immediate membership termination. Use of the site for another other purpose other than buying or selling will result in immediate membership termination. Fraud is hereby specifically defined as follows:

1. Failure to complete a successfully ended auction bid on the part of either buyer or seller. If Seller claims fraud, Buyer must provide proof of payment. If Buyer claims fraud, Seller must provide proof of shipment;

2. Gross misrepresentation of a sold item, or a damaged item for which shipping damage cannot be claimed (i.e., a toaster that does not work when plugged in and was advertised in working condition);

3. A seller using multiple registrations to bid on his/her own items, or any employee or relative of said seller engaging in the same activity;

4. Invalid or false registration and/or contact information;

5. Reported and verified interference with any listing or transaction in which you are not directly involved as the buyer or seller;

6. Failure to pay monthly seller fees associated with the use of our site; and

7. Registration under another User Identity after you have been prohibited from using the site.

Bid, sell and trade on our site wisely and kindly. People occasionally make mistakes and you should make every effort to work out mistakes and discrepancies between yourselves first. If a fraud report is filed, investigated and found to be warranted and/or if proof otherwise cannot be provided, immediate account termination will result without further notice. Applications for reinstatement will be examined on an individual basis and proof must be provided that any and all fraud reports were corrected to the satisfaction of all parties involved.


Article 6. Privacy - We do not sell or rent your personal information to anyone for marketing purposes. We do not provide your personal information to other users in which you are not involved in direct auction transactions. Personal information sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication with the auction item. “Your Personal Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, posts or through any email service used on the site. We do generate system user emails concerning changes in policies an occasional newsletter to keep you informed about activities and plans for the site.
Article 7. Access and Interference - You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the MusicAAmore.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the MusicAAmore.com site, or any of its users postings, without prior written permission from the appropriate party.
Article 8. Feedback Policy - At present we do not employ a user feedback rating system. During our marketing research while designing our auction model we found that most other auction feedback systems were overwrought with extortion and manipulative behavior. Because the sellers that we allow to post on our site are well screened prior to posting, because we do not allow a “three-strikes-before-you’re-out” policy for non-paying bidders, and because we agree to take an active part in investigating any reports of fraud, we feel that we can ensure you a safe and highly effective trading site. Comments concerning individual transactions can be just as meaningful when sent to each other in an e-mail. However, should you wish to express outstanding praise for a particular MusicAAmore.com seller or buyer, or if you just wish to provide us with your comments and suggestions, we will be most happy to share them with the MusicAAmore.com community on our Members board (link accessible from the Homepage).
Article 9. Warranty and Legal Disclaimer - MusicAAmore provides this Web site and services in an 'as-is' condition, without a warranty or condition, express, implied or statutory. MusicAAmore is not liable for any damages resulting in an auction, or your visit to the site. In no event shall we 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. You agree to indemnify and hold us harmless from any claim or demand 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. You shall comply with all applicable domestic and international laws, statues, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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