MMM Terms and Policies

Terms and Policies:

PLEASE READ THE FOLLOWING TERMS OF USE AND POLICIES CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY MIKE’S MUSIC MARKET LLC.

Agreement:

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT MIKES MUSICMARKET.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE "SITE") AND ALL SERVICES PROVIDED BY MIKE’S MUSIC MARKET ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY MIKE’S MUSIC MARKET (INCLUDING THE MIKE’S MUSIC MARKET APP) AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN. BY USING THE SITE AND SERVICES OFFERED BY MIKE’S MUSIC MARKET YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION TO USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
1. MIKE’S MUSIC MARKET is an On-line Marketplace and Shopping Venue
MIKE’S MUSIC MARKET acts as a marketplace/venue to allow affiliated users to offer, sell and buy musical gear, equipment and recordings from other users. While MIKE’S MUSIC MARKET has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items.  MIKE’S MUSIC MARKET also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. MIKE’S MUSIC MARKET encourages you to communicate directly with potential transaction 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. By signing the terms of use with your legal signature below, you hereby agree that to the fullest extent protected by law, MIKE’S MUSIC MARKET is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on MIKE’S MUSIC MARKET . 


YOU THE USER HEREBY AGREE THAT YOU ARE USING THE SERVICES OFFERED BY MIKE’S MUSIC MARKET AT YOUR OWN RISK AND HEREBY AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). MIKE’S MUSIC MARKET MAKES NO WARRANTIES NOR ASSUMES ANY LIABILITIES (SECTION 12) AND INDEMNITIES AS DESIGNATED IN (SECTION 15) BELOW.
2. Membership
(1) Age: MIKE’S MUSIC MARKET is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, MIKE’S MUSIC MARKET’S services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. MIKE’S MUSIC MARKET may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use MIKE’S MUSIC MARKET’S services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities of the said minor.
(2) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by MIKE’S MUSIC MARKET’S policies as stated in this Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site each of which is incorporated herein by reference and each of which may be updated by MIKE’S MUSIC MARKET from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by MIKE’S MUSIC MARKET from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.
(3) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MIKE’S MUSIC MARKET of any unauthorized use of your password or any breach of security. You also agree that MIKE’S MUSIC MARKET cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than MIKE’S MUSIC MARKET without MIKE’S MUSIC MARKET’S express written permission.
(4) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on MIKE’S MUSIC MARKET you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.
(5) Account Transfer: You may not transfer or sell your MIKE’S MUSIC MARKET account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(6) Right to Refuse Service: ACCESS TO MIKE’S MUSIC MARKET’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT MIKE’S MUSIC MARKET’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS MIKE’S MUSIC MARKET’S SITE. MIKE’S MUSIC MARKET will terminate any user who it determines is providing services competitive to MIKE’S MUSIC MARKET through the Site or on any other site. MIKE’S MUSIC MARKET’S services, and all accesses to the Site, are not available to temporarily or indefinitely suspended MIKE’S MUSIC MARKET members. Additionally, MIKE’S MUSIC MARKET reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for cause, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up a shop on MIKE’S MUSIC MARKET is free. MIKE’S MUSIC MARKET does not charge fees to list an item for sale. MIKE’S MUSIC MARKET does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. MIKE’S MUSIC MARKET’S Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for MIKE’S MUSIC MARKET’S services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. MIKE’S MUSIC MARKET may also choose to temporarily change the Billing Policy and the fees for MIKE’S MUSIC MARKET’S services for promotional events (for example, free listing days); such changes are effective when MIKE’S MUSIC MARKET posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If MIKE’S MUSIC MARKET terminates a listing or your account, if you close your account, or if the payment of your MIKE’S MUSIC MARKET’S fees cannot be completed for any reason, you remain obligated to pay MIKE’S MUSIC MARKET for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT MIKE’S MUSIC MARKET MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST MIKE’S MUSIC MARKET FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact MIKE’S MUSIC MARKET.
4. Content License
(1) Your Content: MIKE’S MUSIC MARKET does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant MIKE’S MUSIC MARKET a license solely to enable MIKE’S MUSIC MARKET to use any information or content that you supply so that MIKE’S MUSIC MARKET is not violating any rights you might have in that content or the intellectual property contained therein. You hereby grant MIKE’S MUSIC MARKET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate MIKE’S MUSIC MARKET’S ability to use the content consistent with this license, in any media now known or not currently known, with respect to your content. You agree to allow MIKE’S MUSIC MARKET to store or re-format your content on MIKE’S MUSIC MARKET and display your content on MIKE’S MUSIC MARKET in any way as MIKE’S MUSIC MARKET chooses. MIKE’S MUSIC MARKET can also use any transactional information including sale date and final price for sales completed on MIKE’S MUSIC MARKET to effectuate the overall purpose of this agreement.
(2) Personal Information: MIKE’S MUSIC MARKET will only use personal information in accordance with MIKE’S MUSIC MARKET’S Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another MIKE’S MUSIC MARKET user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MIKE’S MUSIC MARKET -related communications. MIKE’S MUSIC MARKET has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MIKE’S MUSIC MARKET user to your email or physical mail list.
(3) Re-Posting Content: By posting Content on MIKE’S MUSIC MARKET, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold MIKE’S MUSIC MARKET harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own MIKE’S MUSIC MARKET -hosted image on another website, the image must provide a link back to its listing page on MIKE’S MUSIC MARKET site.
(4) Idea Submissions: MIKE’S MUSIC MARKET  considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and MIKE’S MUSIC MARKET shall not be liable for the disclosure or use of such Material. If, at MIKE’S MUSIC MARKET’S request, any member sends Material to improve the site (for example through the Forums or to customer support), MIKE’S MUSIC MARKET will also consider that Material to be non-confidential and non-proprietary and MIKE’S MUSIC MARKET will not be liable for use or disclosure of the Material. Any communication by you to MIKE’S MUSIC MARKET is subject to this Agreement. You hereby grant and agree to grant MIKE’S MUSIC MARKET, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for the purpose of supporting sales on its website. Any such use, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, shall go without compensation or accounting to you and without further recourse by you.
5. Information Control
MIKE’S MUSIC MARKET does not control the Content provided by users that is made available on MIKE’S MUSIC MARKET. You may find some Content to be offensive, harmful, inaccurate, or deceptive. MIKE’S MUSIC MARKET users must be eighteen or over, but there are 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 MIKE’S MUSIC MARKET, you agree to accept such risks and expressly agree that MIKE’S MUSIC MARKET (and MIKE’S MUSIC MARKET’S officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on MIKE’S MUSIC MARKET. Please use caution, common sense, and practice safe buying and selling when using MIKE’S MUSIC MARKET.
Other Resources: MIKE’S MUSIC MARKET is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MIKE’S MUSIC MARKET does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MIKE’S MUSIC MARKET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(1) JAMS: In the event a dispute arises between you and MIKE’S MUSIC MARKET, please contact MIKE’S MUSIC MARKET immediately. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Baldwin County, Alabama, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
  (2) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
 
(3) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(4) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Alabama. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(5) Limitations Period: You and MIKE’S MUSIC MARKET agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(6) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE MIKE’S MUSIC MARKET (AND MIKE’S MUSIC MARKET’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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. MIKE’S MUSIC MARKET encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
MIKE’S MUSIC MARKET, may try to help users resolve disputes. MIKE’S MUSIC MARKET does so in its sole discretion, and MIKE’S MUSIC MARKET has no obligation to resolve disputes between users or between users and outside parties. To the extent that MIKE’S MUSIC MARKET attempts to resolve a dispute, MIKE’S MUSIC MARKET will do so in good faith based solely on MIKE’S MUSIC MARKET’S policies. IN THE EVENT MIKE’S MUSIC MARKET INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE MIKE’S MUSIC MARKET (AND MIKE’S MUSIC MARKET’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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 THE DISPUTE.
If you do not respond to MIKE’S MUSIC MARKET’S inquiry regarding a dispute within forty-eight (48) hours, MIKE’S MUSIC MARKET’S reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.
For disputes located in the EU, the European ADR Directive (EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
(7) Feedback: MIKE’S MUSIC MARKET WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF MIKE’S MUSIC MARKET’S POLICIES AS DETERMINED BY MIKE’S MUSIC MARKET IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.  
(8) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE MIKE’S MUSIC MARKET (AND MIKE’S MUSIC MARKET’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL 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 THE SITE, SERVICES OR YOUR USE OF THE SAME.
7. PayPal Credit and how it works:
https://www.paypal.com/us/smarthelp/article/what-is-paypal-credit-and-where-can-i-use-it-faq4150
8. Email Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with MIKE’S MUSIC MARKET and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text or message communications from MIKE’S MUSIC MARKET. You hereby expressly consent to communications of any kind from MIKE’S MUSIC MARKET to the fullest extent permissible by law.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to MIKE’S MUSIC MARKET. Please note that some changes to your account settings may take a few days to take effect.
9. MIKE’S MUSIC MARKET Intellectual Property
MIKE’S MUSIC MARKET, and other MIKE’S MUSIC MARKET graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of MIKE’S MUSIC MARKET or its affiliated companies in the U.S. and/or other countries. MIKE’S MUSIC MARKET’S trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of MIKE’S MUSIC MARKET.
10. Access and Interference
MIKE’S MUSIC MARKET may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MIKE’S MUSIC MARKET is updated on a real-time basis and is proprietary or is licensed to MIKE’S MUSIC MARKET by MIKE’S MUSIC MARKET’S users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access MIKE’S MUSIC MARKET for any purpose whatsoever, except to the extent expressly permitted by MIKE’S MUSIC MARKET’S with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in MIKE’S MUSIC MARKET’S sole discretion, an unreasonable or disproportionately large load on MIKE’S MUSIC MARKET’S infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass MIKE’S MUSIC MARKET’S robot exclusion headers or other measures MIKE’S MUSIC MARKET may use to prevent or restrict access to MIKE’S MUSIC MARKET.
11. Breach of MIKE’S MUSIC MARKET Terms of Use and Policies
Without limiting its legal recourse or any other remedies, MIKE’S MUSIC MARKET may, without notice, and without refunding any fees, delay or immediately remove Content, warn MIKE’S MUSIC MARKET’S community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) MIKE’S MUSIC MARKET suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) MIKE’S MUSIC MARKET is unable to verify or authenticate any of your personal information or Content; (c) MIKE’S MUSIC MARKET believes that a user is acting inconsistently with the letter or spirit of MIKE’S MUSIC MARKET’S Community Rules or policies; or (d) MIKE’S MUSIC MARKET believes a user has engaged in improper, illegal or fraudulent activity in connection with MIKE’S MUSIC MARKET or the actions may cause legal liability or financial loss to MIKE’S MUSIC MARKET’S users or to MIKE’S MUSIC MARKET. Notwithstanding the foregoing, MIKE’S MUSIC MARKET retains the right to suspend or terminate a user without cause at MIKE’S MUSIC MARKET’S sole discretion. Use of the Site is a privilege, not a right.
12. No Warranty
MIKE’S MUSIC MARKET IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE. HOWEVER, WE ARE NOT PERFECT. SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE AND NO ACTIONS UNDER THESE THEORIES SHALL BE POSSIBLE.
WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT A PARTICULAR TIME OR LOCATION; (II) MIKES MUSIC MARKET WILL DO ITS BEST TO CORRECT ANY DEFECTS OR ERRORS HOWEVER, ANY DAMAGE DONE BY ERRORS OR OMISSIONS SHALL NOT CAUSE MIKE’S MUSIC MARKET TO BECOME LIABLE; (III) MIKE’S MUSIC MARKET DOES IN NO WAY GAURANTEE THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
MIKE’S MUSIC MARKET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE MIKE’S MUSIC MARKET’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. MIKE’S MUSIC MARKET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MIKE’S MUSIC MARKET SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT SHALL MIKE’S MUSIC MARKET, AND (AS APPLICABLE) MIKE’S MUSIC MARKET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MIKE’S MUSIC MARKET’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MIKE’S MUSIC MARKET’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MIKE’S MUSIC MARKET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS 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 MIKE’S MUSIC MARKET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. CITES and Claims Release for trafficking in Rosewood
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife.  Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that MIKE’S MUSIC MARKET has informed you of the potential prohibitions set forth in CITES.  AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES.  YOU AGREE THAT YOU HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST MIKE’S MUSIC MARKET RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD MIKE’S MUSIC MARKET AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS.  YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST MIKESMUSICMARKET.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
15. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD MIKE’S MUSIC MARKET AND (AS APPLICABLE) MIKE’S MUSIC MARKET’S 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, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
16. No Guarantee of Continuous Service
MIKE’S MUSIC MARKET does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside MIKE’S MUSIC MARKET’S control. In the event of such an interruption, MIKES MUSIC MARKET shall use best efforts to correct the problems with the site and to repair its use and restore access. No liability shall attach to these efforts in fixing or correcting said problems.
17. Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact MIKE’S MUSIC MARKET DMCA agent who can be located here.
18. Trademarks for Modified Instruments
Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but MIKE’S MUSIC MARKET will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
19. Mike’s Music Market Websites and Mobile Apps
MIKE’S MUSIC MARKET websites and Mobile App Terms of Use are located here. By utilizing MIKE’S MUSIC MARKET Sites (including the MIKE’S MUSIC MARKET App), you acknowledge that MIKE’S MUSIC MARKET is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the MIKE’S MUSIC MARKET Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your MIKE’S MUSIC MARKET Site and with respect to any and all intellectual property or proprietary information applicable to your product.
20. MIKE’S MUSIC MARKET Integrations
Your use of MIKE’S MUSIC MARKET Integrations indicates your assent to MIKE’S MUSIC MARKET’S Terms and Policies contained herein. By utilizing MIKE’S MUSIC MARKET Integrations, you acknowledge that MIKE’S MUSIC MARKET is providing an integration of the MIKESMUSICMARKET.COM platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing MIKE’S MUSIC MARKET Integrations. While MIKE’S MUSIC MARKET is providing MIKE’S MUSIC MARKET Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the MIKE’S MUSIC MARKET Integrations user. You hereby waive any and all claims against MIKE’S MUSIC MARKET , its officers, directors, employees and agents related to the use, maintenance, design and content of your MIKE’S MUSIC MARKET Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your MIKE’S MUSIC MARKET Integration(s). You further agree to indemnify and hold MIKE’S MUSIC MARKET harmless for any third party claims or complaints associated with your use of MIKE’S MUSIC MARKET Integration(s). MIKE’S MUSIC MARKET Integrations are provided “as is” and with all faults. DO NOT UTILIZE MIKE’S MUSIC MARKET INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.
.21. Your Responsibility for Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any MIKE’S MUSIC MARKET services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on MIKE’S MUSIC MARKET’S net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. MIKE’S MUSIC MARKET cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; MIKE’S MUSIC MARKET assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through MIKE’S MUSIC MARKET. Paypal will be responsible for sending sellers a Form 1099 in accordance with State and Federal laws and you will be obligated to pay income tax on your earnings. MIKE’S MUSIC MARKET is not responsible, in any manner, for paying taxes on your earnings, collecting or remitting sales tax or any other tax obligation through your use of the Site.
22. Proposition 65 - California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products.  Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all MIKE’S MUSIC MARKET users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents.  You can include warnings in your item descriptions on MIKE’S MUSIC MARKET. You agree to indemnify and hold MIKE’S MUSIC MARKET harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
23. Severability and Survivability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
24. No Agency
You and MIKE’S MUSIC MARKET are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
25. Modification of Service or Terms and Policies
MIKE’S MUSIC MARKET reserves the right to modify or terminate the MIKE’S MUSIC MARKET service for any reason, without notice, at any time, to the maximum extent permitted by law. MIKE’S MUSIC MARKET reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.
26. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Alabama, excluding its conflicts of laws rules, and those applicable laws of the United States of America.
27. Sanctioned Countries, Politically Exposed Persons and Endangered Species
MIKE’S MUSIC MARKET does not currently support transactions to, from or involving any comprehensively sanctioned countries (the "Sanctioned Countries") or with any Politically Exposed Persons ("PEPs"). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Use. Decisions will be made at the sole discretion of MIKE’S MUSIC MARKET. Any items made from materials derived from endangered species will be removed if found on the Site.
28. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to MIKE’S MUSIC MARKET; Attn: Legal Department; 2074 S, Mckenzie St Unit 331 Foley, AL 36535 (in the case of MIKE’S MUSIC MARKET) or, in your case, to the email address you provide to MIKE’S MUSIC MARKET (either during the registration process or when your email address changes). Notice posted to your user dashboard or notice posted to the Site shall be deemed sufficient 24 hours after email is sent or notice is posted. Alternatively, MIKE’S MUSIC MARKET may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provided to MIKE’S MUSIC MARKET. In such case, notice shall be deemed sufficient three days after the date of mailing.
29. Disclosures
The services hereunder are offered by MIKESMUSICMARKET.COM, LLC, located at 2074 S, Mckenzie St Unit 331 Foley, AL 36535 . If you are an Alabama 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.
30. Signatures:
User hereby agrees to the above Terms and Conditions of this Agreement - Effective Date: November 1, 2020.