The terms according to which users and members may make use of the service that Musicbazz provides are outlined and defined below. Usage of the service of this site entails adherence to these terms which have precedence over any other agreements made between parties engaged in transactions through this site.
It is strongly recommended that any potential user of the services of this site or member read the following terms of the service.
The service Musicbazz provides
The purpose of Musicbazz is to provide a means by which its members or non members may communicate in order to buy, sell or exchange items which are directly or indirectly associated with music. Any requirements for the use of this service, such as computer equipment, internet service, etc as well as any cost incurred for such requirements are the sole responsibility of the users and members.
Benefits of Introducing New Users
Any member who introduces ten new users will receive a discount of 40% on the commission he would normally be charged on his or her sales for a period of one month (the charge drops from 5 to 3%). This is valid only for the first ten new users. Any user who then introduces ninety more users to create a total of one hundred will receive a discount of 100% on the commission he would normally be charged for a period of one month. New users who are taken into consideration in order to reduce the commission are considered to be those who mention the member in question as the person who introduced them in the “introduced by” section of the sign up page.
Users are not allowed to bypass fees owed to this service for any transactions.
As a user one automatically agrees not to post material of such an amount that it could be a burdensome load (as Musicbazz sees it) on the site.
Users may not post or distribute material which has been unlawfully obtained from other sources.
Members have a user name and password which remains confidential and is to be used exclusively by said member and no one else. Members are advised to keep their passwords secure and are responsible for any anything, transactions or other activity, that happens through their account. Unauthorized use of an account ought to be reported to Musicbazz at once. Passwords may be changed at any time that the member sees fit. Additionally, accounts may be closed in order for new ones to be established.
Sellers are not charged for the lists of items they post, regardless of the size of said lists.
Sales or purchases of items that are unauthorised copies are not allowed.
The description of the items that sellers will present must conform to the definitions presented by Musicbazz (for example with regard to condition: fair, very good, etc). The seller bears the full responsibility for the content, description of the content, condition of the item, description of the condition of the item and the category in which he or she places the item.
MEDIA (definition of the condition)
Mint - Pristine condition. First hand copy or one that could pass for such.
Excellent - Minor wear that does not interfere with the listening pleasure of the average listener.
Very Good - Perhaps certain visible scratches. Surface noise on occasion but not to a bothersome extent.
Good - Surface noise may be taxing on the demanding listener. Occasional light scratches.
Fair - Continuous light surface noise, occasional loud noises from deep scratches.
Poor - Surface noise may be louder than the music, noises from scratches may be so dense that they are akin to radio static. Stylus may get stuck or jump off grooves.
COVER (definition of the condition)
Mint - Brand new, no wear whatsoever.
Excellent - No wear apparent at first sight, but minor wear upon apparent closer inspection.
Very Good - Small marks from price stickers, minor circular wear outlining the vinyl, a little writing
Good - Clearly visible marks from price stickers, circular wear outlining the vinyl, writing. The cover remains presentable.
Fair - A combination of clearly visible marks from price stickers, circular wear outlining the vinyl, writing. Cut corners, damaged spine, stains.
Poor - Unsightly wear all over the cover, or extensive wear at one point. Water damage, cut corners, severely damaged spine.
Sellers accept that they will pay Musicbazz a commission for their sales.
The commission that the seller offers to Musicbazz is 5% for any purchase regardless of the cost and it is calculated as 5% of the cost of the items, excluding shipping costs.
The seller is charged the commission for all his sales on the last day of each month and has to pay this commission within one month (for example, transaction in July are charged on July 31st and the payment due must be settled by August 31st). With regard to items that are not sold and bought, but traded, the commission is set at 2 euros for each party, regardless of the amount of items traded or the sum of their monetary value.
Once a buyer has made an order for an item, means that the item in question is available. The seller undertakes the responsibility to prepare at his or her own cost the packaging of the items which are to be sufficiently packaged for safe transportation to the buyer. The cost of shipping is explicitly mentioned to the buyer who is to cover this cost. In the case of items which are not sold and bought, but traded, the cost of shipping burdens both parties, each one paying the cost of the items he or she sends. The seller sends the buyer an invoice for the sale of the items which states the items sold and the price.
Sellers accept that Musicbazz posts the individual grades as well as the cumulative grades that buyers give them upon completion or non-completion of transactions.
Upon arrival of a package, the buyer is obligated to confirm that the order has arrived and post feedback, which is taken as proof of the completion of the order and the date of this completion.
Indemnity and Limitation of Liability
The user, regardless of whether he or she is a member or not, agrees to indemnify and hold musicbazz and any persons connected to it faultless of and harmless from any misconduct, wrongdoing, insult, fraud, misinformation, misleading claims, violations of the terms of the service or other misuses of this service including any illegal action perpetrated by the user himself or herself as well as any such action perpetrated by other users. Users agree not to demand any compensation for losses, not to sue for damages or demand compensation for legal expenses that may or may not arise from their use of this service. All users are completely responsible for their conduct, claims and actions, thus musicbazz bears no responsibility whatsoever for the aforementioned.
Users automatically agree that Musicbazz is not liable for damages, incurred costs, losses or potential losses resulting from the use or discontinuation of the use of this site, any transaction, message, alteration of one’s postings by another user or other user’s opinions, claims or behaviour.
Users agree to indemnify Musicbazz from any potential demand, including legal expenses of their own or those of another party, which may be necessitated because of violation of the terms of the service or any law.
Users agree that Musicbazz is not to be held responsible or considered liable for whatever problems, such as loss, damage, misunderstanding or any form of grievance that may appear during transactions between users. Should a dispute arise between users of this service, users accept that Musicbazz is in no way obliged to become involved.
Musicbazz disclaims any responsibility for the results of any transaction, including but not limited to the accuracy of the descriptions of the products, the timely payment or shipping and delivery of the products, their conditions, the satisfaction of the recipient, etc. Furthermore, Musicbazz does not guarantee that its service will always be fast, secure and without error or interruption.
He or she who makes use of this site to download or acquire in any way material bears the entire risk and is solely responsible for whatever damage may be caused by harmful material or the use of any material.
Any opinions expressed on this site are the users’ own and neither reflect the views of Musicbazz, nor are they condoned. Any comments made by users as to the terms of Musicbazz do not constitute interpretations of the actual terms which are approved by Musicbazz. The terms of the service are always in effect.
Regarding Links found on the Site
As either this service itself or members and users may post links to other sites, Musicbazz clearly states that it is not responsible for the content or dangers that may exist on said sites and neither endorses nor accepts responsibility for their content. The visitor or user of Musicbazz, by using this service, denotes that he or she accepts full responsibility for his or her visitation or use of such sites and holds Musicbazz in no way liable for any damage, loss or grievance over undesirable content that transpires upon the visitation of sites advertised on Musicbazz.
Changes that may be made to the terms of the service
Musicbazz reserves the right to alter the terms of the service, or discontinue the service, at any time. Any changes will be duly posted on the page of the site that concerns the terms of the service. Members or users will not be notified individually. Users of this service are urged to read the terms and occasionally revisit the page so as to be informed of any changes. The fact that a user decides to use this service is taken to mean an acceptance of the terms, full knowledge of the terms and changes as well as a willingness to comply with such terms.
Terminations and removals
Musicbazz reserves the right to terminate any account, remove content for any reason, including but not limited to violations or perceived violations either of the terms or of the spirit of these terms. Users and members are not notified about any such terminations or removals and are not refunded or compensated. Members whose accounts are terminated may no longer use this service. Use of this service automatically implies that the user accepts these terms. Users or members who disagree with any part of the terms or any changes made to them may only discontinue the use of this service. They may not demand or attempt to negotiate changes.
Musicbazz does not allow the downloading, alteration or the reposting on other sites of any part of this site. No part of this site (including webpages, photographs, designs, information, prices, etc) may be copied, collected, sold or exploited in any way whatsoever except with express written consent of Musicbazz. Musicbazz is a registered trademark. Any reproduction or use of any kind of the trademark or material on Musicbazz to which consent has not been granted by Musicbazz constitutes infringement and may incur liability of a criminal or civil nature.
When the user or member posts material on the site, he or she automatically grants and confirms that he or she has the right to grant Musicbazz the right to use, copy or distribute this material. Additionally, Musicbazz is given the right to disallow any future use of this material by third parties who may attempt to use it.
Anyone who wishes to complain about or report violations of any nature, including false advertising, copyright infringement or any other issue concerning intellectual property rights or violations of the terms of this service is requested to contact Musicbazz. Users and visitors are kindly requested to be as accurate, detailed and thorough in their reports as possible. The one bringing forth the grievance will have to provide enough details so that Musicbazz may both locate the item and determine that it actually does constitute an infringement. The complaining party also has to state clearly, under penalty of law concerning perjury, that to the best of his or her knowledge there truly is an infringement and that he or she either holds the rights to said intellectual property or has been given authorization to act on behalf of the person who does. Furthermore, he or she will have to offer Musicbazz his or her full name, address and telephone number. Musicbazz will not disclose such information, unless required by law.
Concerning the Conduct of Members and Users
Each member is completely responsible for his or her postings, messages, claims and photographs. Each member's use of this service remains subject to all applicable national and international laws governing transactions, behaviour, etc. He or she who uses this service automatically agrees to comply with such laws and not to make use of this service for any illegal purpose and agrees to refrain from posting, promoting, sending or providing links to material which may be deemed to be illegal, dangerous, insulting or harmful in any way. Members or users are not allowed to use this service to send spam or junk mail, to engage in aggressive advertising or badger other users or send unsolicited lists of their merchandise to other users.
Users and members agree that they will not post, sell or promote in any way material that is pornographic or insulting to individuals or groups of people such as minorities, nations, races or genders. They also agree not to distribute or promote material that contains software viruses or any other program which may harm the computers of other users or other people in general. Furthermore, they agree not to make known any personal information that concerns other people including but not limited to users of the site, unless they are explicitly permitted by the person him/herself.
Musicbazz does not permit users and members to promote, advertise or provide links to their site if the site is of a commercial nature.
Musicbazz urges parents of minors to supervise their children when they are occupied with the internet. Minors ought not to post material on the site without the consent of their parents.
Grievances and Legal Disputes
Should a buyer wish to return an item and ask for a refund, the responsibility for the negotiations and the final agreement lies with the two parties in question. On the whole, Musicbazz does not mediate. In such cases Musicbazz refunds the commission charged by removing an equal sum from future commissions of the seller. The accounts of sellers who are found to systematically abuse this term may be terminated. It is at the sole discretion of Musicbazz to determine what constitutes such abuse.
Should it become necessary, as an alternative to legal proceedings, there is the choice of arbitration in disputes. Users may ask for arbitration (in cases that Musicbazz considers the claim reasonable) to settle their differences with other users, members or Musicbazz itself. This arbitration is conducted by e-mails between the parties involved and a representative of Musicbazz.
Any claims one brings against Musicbazz must be resolved in accordance with this section concerning disputes of a legal matter. Any claims filed contrary to this section is to be considered improperly filed and Musicbazz, after it has notified the user by e-mail and he or she has not withdrawn the claim, may demand compensation for legal expenses of up to $700.
Is a dispute can be settled by no other means and legal proceedings prove necessary, users agree to settle the dispute in accordance with Swiss law.