Moose Vinyl, LLC Terms of Service Agreement
Effective date: June 3, 2024
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or “Your”) AND MOOSE VINYL, LLC (“We,” “Us,” “Our,” or the “Company”). BEFORE ACCESSING OR USING ANY PART OF MOOSEVINYL.COM OR THE RELATED APPLICATIONS (together, the “Service”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE SERVICE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SERVICE OR USED IN CONNECTION THEREWITH. THE COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICE AND ARE INSTRUCTED TO EXIT THE COMPANY WEBSITE AND/OR APPLICATION IMMEDIATELY.
PLEASE READ THIS TOS CAREFULLY. THIS TOS CONTAINS A MANDATORY ARBITRATION PROVISION WITHIN THE “DISPUTE RESOLUTION” PROVISION BELOW PURSUANT TO WHICH YOU MAY BE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN A COURT OF LAW OR TO HAVE DISPUTES HEARD BY A JURY.
We may at any time revise the TOS and will notify You by updating this posting. If the changes materially impact the TOS, then We will use reasonable efforts to provide You with advance notification by placing a notice on the Service, by sending You an email, or by some other means. We may not be able to notify You in advance of changes to the TOS, such as where (i) We are subject to a legal or regulatory obligation that requires an immediate action, or (ii) We are required to take an immediate action to address an unforeseen and imminent danger relating to a security risk (e.g., defending the Service or users from fraud, malware, spam, data breaches or other cybersecurity threats). Changes to the TOS will not have retroactive effect, unless such change is required to respect a legal or regulatory obligation or if the changes are beneficial to You. In any case, if You do not agree to the changes, You must stop using the Service. If You use the Service in any way after a change to the TOS is effective, that means You agree to all of the changes. You should therefore periodically visit this page to determine the TOS to which You are bound.
Company Services. We offer a platform to build Your record collection and buy, sell, and appraise vinyl records in our online marketplace. We may also provide a platform for You to post content and use communication services, including but not limited to the capability to post information to a web page and participate in web-based discussions.
License Grant. This TOS provides you a personal, revocable, limited, non-exclusive, non-transferable license to use the Service, conditioned on your continued compliance with the TOS. This TOS permits you to use and access the Service for personal use only. You are prohibited from the following activities without Our express written consent: downloading material, data, or other content from the Service (other than page caching) or modifying it, or any portion of it; resale or commercial use of the Service, including its contents; any reuse of the Service contents (including database information) for cross-listing items on third-party marketplaces or other non-personal use or commercial purposes on third-party marketplace or database platforms; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service, including its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, harvesting, or similar data gathering and extraction tools; reproduction, duplication, copying, selling, reselling, visiting, or otherwise exploiting for any commercial purpose material or data from the Service.
Granting of this limited license does NOT permit (1) the development of any software program, including, but not limited to, use of machine learning or artificial intelligence (AI) systems in connection with the Service content; or (2) providing downloaded, archived, or cached data sets containing any Service content to another person or entity.
Prohibited Activities. You agree that you will not: (1) use the Service for any illegal or unauthorized purpose that may violate applicable laws and regulations; (2) attempt to gain unauthorized access to any portion or feature of the Service platforms, including, without limitation, the account of any other user(s), or any other systems or networks connected to the Service or to any Company server, by hacking, password "mining," or any other illegitimate or prohibited means; (3) probe, scan, or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected thereto; (4) reverse look-up, trace, or seek to trace any information on any other user(s) of or visitor to the Service; (5) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service platforms or Company's systems or networks or any systems or networks connected to the Service; (6) use any device, software, or routine to interfere with the proper working of the Service platforms or any transaction conducted on the Service, or with any other person's use of the Service; (7) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Company on or through the Service; (8) use the Service to harvest or collect e-mail addresses or other contact information. The Company reserves the right to report any suspected illegal activities to appropriate law enforcement authorities and to cooperate with any investigations.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your breach of this TOS, or your violation of any law or the rights of any third party.
Item Appraisal Service. While the Service may provide users with estimates of item values based on the best data available at the time, the monetary value of products sold or distributed via the Service by You, the Company, or other users of the Service is not guaranteed. The Company provides product valuations based on condition, sales data, and various other factors. Any valuations provided by the Company are estimates only and do not guarantee any return on any product. Actual value of products varies based on market demand, timing, and other factors beyond the control of the Company. The Company is not liable for any loss of value or financial damages arising from any individual transaction on or via the Service.
Eligibility and Account Registration and Use. By downloading, accessing, or using the Service, You represent that You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater. When creating an account, You agree You will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Service, including, without limitation, when You provide information via a registration or submission form on the Service, and to keep Your account information up-to-date. If you provide any false, inaccurate, untrue, or incomplete information, the Company reserves the right to immediately terminate Your access to and use of the Service.
In order to use the Service, You must create an account. If You decide to sell through the Service, You may be asked to provide additional personal information and be subject to verification processes, as required by applicable law. Failure to provide the necessary information may lead to suspension or termination of Your account until the required information is provided. We will use, process and share such data for the purposes and in the manner described in Our Privacy Policy. You are entirely responsible for maintaining the confidentiality of Your account and password and are responsible for any and all activities that occur on Your account if You fail to do so. Furthermore, You are entirely responsible for any actions taken on Your account by You or someone You authorize to use Your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You by emailing Us at support@moosevinyl.com.
Privacy Policy. Your use of the Service is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Service, you acknowledge that you have read and accept the terms of our Privacy Policy.
Intellectual Property Rights. By accessing the Service, You expressly acknowledge and agree that the Company transfers no ownership or intellectual property interest in the Service to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Service, unless otherwise indicated, are owned, controlled, and licensed by the Company are protected by law. Unauthorized use of Service's content or materials is strictly prohibited.
User-Generated Content. You may upload or post additional content or information while using the Service. If You choose to do so, You agree to follow all rules and guidelines for uploading content, as determined by the Company. You also grant the Company a non-exclusive, royalty-free, irrevocable worldwide license to use, modify, and remove any content you upload, in accordance with this TOS and Our Privacy Policy. The Company assumes no responsibility for the deletion of or failure to store any user-generated content or information. You agree that by using the Service, You will not post, upload, or transmit any of the following content or materials on the Service:
anything that interferes with or disrupts the Service,
statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
statements or material that is bigoted, hateful, or racially offensive,
statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the Company,
statements or material that misrepresents your affiliation with the Company,
anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
chain letters or pyramid schemes,
statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.
The Company reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt Your operation of or access to the Service, or any portion thereof, in order to protect the Company or other users from violation of the above communication guidelines.
Fees and Payments. Some portions of the Service are free while others may cost money. The fees for any portion of the Service will be clearly explained and separately agreed to before You implement those portions, if any exist.
You must establish an account to purchase and/or sell items through the Service. If You are a seller, You are liable for fees arising out of all sales made using the Service. The fees for selling are a six percent (6%) service fee, based on the selling price of the item(s). Seller and buyer are each responsible for partial costs of shipping, as reflected on the Service, with updates from time to time. We may change Our selling fees from time to time by posting the changes on the Service at least fourteen (14) days in advance, but with no advance notice required for any changes that result in the reduction of fees.
Processing of financial transactions through the Service is currently managed by Stripe. You can pay with Stripe throughout the United States. We recommend that You review the terms and conditions for Stripe to understand Your rights and responsibilities pursuant to that payment provider.
All financial transactions between sellers and buyers are the sole responsibility of those parties. In the event that item(s) sold by a seller to a buyer on the Service are not delivered after capture by the United States Postal Service (“USPS”), the Company will attempt to redeem the lost value from USPS to pass along to the seller. In order to claim such a refund, a seller must collect proof of handoff of the sold item(s) to USPS and make a claim with the Company within ninety (90) days after the original date of shipping of the lost item(s). The Company may also offer insurance services to sellers or buyers for an additional fee. Notwithstanding the above, the Company is not liable for any issues concerning payment or shipping between You, another user, or USPS or another shipping vendor, or for theft or loss of any goods after delivery. Any suspected fraudulent use will result in Your account being terminated immediately and activity reported to the authorities. You are responsible for paying all fees and applicable taxes associated with using the Service.
Termination. The Company reserves the right to terminate or suspend Your account and access to the Service at any time, for any reason, including but not limited to Your violation of this TOS or applicable laws. Upon termination, You will lose access to any features or services associated with Your account and Your account may be deleted.
Limitation of Liability. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, related to the Service, or any products sold through it. You expressly absolve and release the Company from any claim of harm resulting from a cause beyond the Company's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, pandemics, or governmental restrictions.
Moreover, in no event shall the Company be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Service, with the delay or inability to use the Service, or for any information, services, programs, products, and materials available through the Service, whether based in contract, tort, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Third Party Content and Services. The Company, in its sole discretion, may post third-party advertisements on the Service and/or feature materials, programs, products, and services provided by third parties. The Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials. Your correspondence or any other dealings with third parties found through the Service are solely between you and such third party. Accordingly, the Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Service, and you agree that the Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings.
Dispute Resolution. You and the Company each agree that all claims, controversies, and/or disputes between You and the Company, including those arising out of or relating to the Service and/or this TOS, including any privacy claims or data security claims, controversies, and/or disputes, will be resolved by binding arbitration in the state of Indiana or Delaware. The decision of the arbitrator shall be final and binding and may be enforced in any court in the state in which the arbitration proceedings are held. BY AGREEING TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU AND THE COMPANY ARE EACH AGREEING TO FORGO THE ABILITY TO PURSUE ANY AND ALL POTENTIAL OR ACTUAL DISPUTES IN A COURT OF LAW, INCLUDING THE ABILITY TO HAVE A JURY OF YOUR PEERS DECIDE ANY SUCH DISPUTES.
You may opt out of the agreement to arbitrate in this Section by sending the Company written notice of Your election to opt out to Moose Vinyl, LLC, 1207 Delaware Avenue, Suite #222, Wilmington, DE, United States 19806 within sixty (60) days of the date You first accepted this TOS. The written notice must expressly indicate that You are opting out of the agreement to arbitrate included in this Section and must include Your name and address. The election to opt out of the agreement to arbitrate will not be effective until it is received by the Company. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect Your rights and obligations under these terms.
Any action not required to be arbitrated in accordance with this Section shall be filed and litigated only in state and federal courts located in the state of Delaware or Indiana, United States, and You and the Company hereby consent to the exclusive jurisdiction of the courts and consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Delaware and Indiana. Any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions and regardless of where You accessed the Service.
Severability. If any provision (or part thereof) of this TOS is found to be void, invalid, or otherwise unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
Entire Agreement. This TOS, along with the Company’s Privacy Policy, represents the entire agreement between You and the Company with respect to Your use of the Service, and supersedes all prior or contemporaneous communications and proposals between you and the Company with respect to the Service.
About Moose Vinyl, LLC. The Service is owned and operated by Moose Vinyl, LLC, a Delaware limited liability corporation, under file number 7120862. Our mailing address is 1207 Delaware Avenue, Suite #222, Wilmington, DE 19806.
Assistance and Contact Information. If you have any questions about this TOS or need assistance with the Service, please contact us via email at support@moosevinyl.com.