Lot Of Music - Bid Buy Sell Swap

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Terms and Conditions

Lot Of Music Users Terms and Conditions

Buyer and Sellers must agree to all terms and conditions within this user agreement to become a registered user.

Welcome to LotOfMusic.com online auction (the site). Any person who wishes to access the Site to buy, sell or swap Music Items must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Lotofmusic.com (hereinafter "Lot Of Music") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing this website and the auction service LotOfMusic.com provides at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the website. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.lotofmusic.com. THE USERS CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING LOTOFMUSIC.COM POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

  1. Eligibility. Users of this Site must be over sixteen years of age, and is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use this site or the services lotofmusic.com. Every person who uses the Services hereby represents to Lot Of Music that he or she is not a minor, is at least over the age of sixteen (16) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.
  2. Lot Of Music is not an Auctioneer. Although Lot Of Music is 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 certain persons to sell and buy certain items at anytime, in a variety of pricing formats, including a fixed price format for stores and an auction-style format commonly referred to as "online auctions" or "auctions."
  3. Seller. A seller or merchant is a person or business whom places an item up for bid on the online auction or has an item for sale in the online store.
  4. Buyer. The buyer is a person who makes a bid on and places the winning bid on an item up for auction or agrees to purchase an item at one of the stores.
  5. Lotofmusic.com Role and Responsibilities. Lotofmusic.com features two types of marketplaces, and LotOfMusic.com role and responsibilities vary in each such marketplace.

    1. Lot Of Music Stores. Lot Of Music itself is not the seller of the items offered in Lot Of Music Stores. Individual auction houses, dealers or individuals may open a store to sell their items. The Seller undertakes responsibility for all aspects of the transaction and the item listing, including item descriptions, identification of quantities, prices, shipping and insurance fees. Those sellers who do not meet LotOfMusic.com service standards can and will be removed from listing items on the site.
    2. LotOfMusic.com online auction. The Seller undertakes responsibility for all aspects of the transaction and the item listing, including item descriptions, identification of quantities, minimum and maximum or reserve bids, shipping and insurance fees. Those sellers who do not meet LotOfMusic.com service standards can and will be removed from listing items on the site.
  6. LotOfMusic.com Payments for Sellers and Buyers.

    1. Sellers - Lot Of Music currently uses Paypal for all payments. Sellers are required to register their Paypal account at the time of placing an item up auction or opening a store. Seller fees are not due until the close of auction. Seller fees are due at the time you open up a store, by using our flat fee system. A separate fee is charged on the sale of items from your store or items you place up for auction from your store. The Seller auction fees must be paid via Invoices which are created on the 15th of every month when the seller's balance is 2,00 Euro or more. Payment is due within 30 days after the invoice is created.
    2. Buyers - The Buyer warrants when placing a bid you are able to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, The Seller has the sole and absolute discretion to cancel your bid. In such case, the seller may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At the sole discretion of the Seller, but without any obligation, alternate payment methods may be arranged with the item purchaser(s) in the case where a payment method has been declined.
  7. Lot Of Music Reservation of Rights. Lot Of Music retains the right, but does not have the obligation, to immediately halt any auction or item sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, item inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Lot Of Music, and to correct any inaccurate listing, auction inaccuracies, item inaccuracies, inappropriately categorized items or technical problems on the Site.
  8. Your Transactions and Obligations. Bidders and Buyers create different obligations by accessing the Site and using the Services.

    1. ALL FEES ACCRUED BY THE SELLER OR BUYER FOR TRANSACTIONS EG. LISTING FEES, STORE FEES, ADD ON FEATURES ETC. ON LOTOFMUSIC.COM ARE FINAL.
    2. In the Store, the Seller must sell the item to any Buyer who elects to purchase the item at the price requested by the Seller. Once the transaction closes, both the Buyer and Seller are obligated to complete the transaction.
    3. Auctions - Each transaction on the Lot Of Music auction area will indicate whether a reserve price has been established. If you are the highest bidder (meeting the applicable minimum bid or reserve requirements) your bid is a legal offer to buy the item and you are obligated to complete the transaction at the close of the auctioned item. Upon the close of an auction or sale, Bids or purchases are not retractable.
    4. Placing a Bid - By entering into this Agreement and bidding on an item or purchase, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable by the Seller. Bidders, Buyers and Sellers can lose their membership to LotOfMusic.com at the discretion of LotOfMusic.com if the Bidder, Buyer or Seller doesn't fulfill their obligations.
  9. Sales Tax. Items purchased in the Stores may be subject to Taxes. It is the responsibility of the Store owner to follow the Sales Tax Laws of online sales within your country. By Bidding, Buying or Selling you agree it is your responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that Lot Of Music is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.

  10. Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password. It is recommended you change your password often, but it is up to your discretion on how often you change your password.
  11. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not:
    1. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein);
    3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or measures we may use to prevent or restrict access to the Site.
  12. Illegal Activity
    1. Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable state, provincial, territorial, and national laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of state, provincial, territorial, and national laws. Fraudulent conduct may be reported to law enforcement, and LotOfMusic.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
    2. Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any item for the purpose of artificially increasing or otherwise manipulating the bidding process on LotOfMusic.com or the bid price of any item listed on the Site, or influencing user behavior on LotOfMusic.com.

  13. Breach. Without limiting other remedies, Lot Of Music may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
    1. If you breach this Agreement or the documents it incorporates by reference;
    2. If Lot Of Music or any Certified Merchant is unable to verify or authenticate any information you provide to Lot Of Music; or
    3. If Lot Of Music believes that your actions may cause legal liability for you, other Lot Of Music users or Lot Of Music.
  14. Privacy, Monitoring and Disclosure.
    1. Lot Of Music is committed to protecting your privacy. Click here http://www.lotofmusic.com/privacy,page,content_pages for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Lot Of Music may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by Lot Of Music except to enter into and complete fiduciary transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.
    2. Investigation. As permitted by applicable law and consistent with our privacy policy, Lot Of Music has the right, but not the obligation, to monitor any activity and content associated with this Site. Lot Of Music may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. Lot Of Music reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
    3. Disclosure of Information. As permitted by applicable law, Lot Of Music also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect LotOfMusic.com systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of LotOfMusic.com business and systems or other purposes deemed reasonable by Lot Of Music, Lot Of Music may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

  15. No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. LOT OF MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
    1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
    2. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
    3. THE INFORMATION, CONTENT, MATERIALS OR ITEMS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT SELLER STATES WILL PERFORM AS PROMISED;
    4. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
    5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LOT OF MUSIC.

  16. LOT OF MUSIC DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM LOT OF MUSIC OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  17. General Release. BECAUSE LOT OF MUSIC IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE LOT OF MUSIC (AND ITS AFFILIATES, AGENTS 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. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY LOT OF MUSIC.
  18. Limitation of Liability. LOT OF MUSIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
  19. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LOT OF MUSIC AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH
    1. YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE;

    2. YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
  20. Applicable Law. The laws of The Netherlands govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
  21. Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED ACCORDING THE DUTCH LAW. 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 THE NETHERLANDS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR LOT OF MUSIC MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE NETHERLANDS IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR LOT OF MUSIC PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
  22. Store Owner Disputes. Because Lot Of Music is not the seller in the actual transaction between Store Owners and buyers and is not the agent of either for any purpose, Lot Of Music does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.
  23. Licenses. LotOfMusic.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any item, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
  24. Termination. Lot Of Music, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
  25. General Provision
    1. Entire Agreement. This Agreement and the general terms, conditions set forth on the Site, including but not limited to those set forth in the Help Pages, Privacy Policy and Legal Pages, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
    2. No Agency; Third-Party Beneficiary. Lot Of Music is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Lot Of Music, its Store Owners and you.
    3. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    4. No Waiver. LotOfMusic.com failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of LotOfMusic.com right to subsequently enforce such provision or any other provisions of this Agreement.