Terms and Conditions
TERMS OF SERVICE
Additionally by using the Websites You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Websites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Company is not responsible for any third party’s misuse or misappropriation of any content or information You transmit to or post on the Websites.
The Website provides an online forum for listing (“Listing”) theatrical related equipment and specialty items such as sets, props and costumes (“Gear”) for sale by sellers (“Sellers”), and for actual or potential purchasers (“Buyers”) to shop for and purchase Gear, and to communicate regarding efforts to engage in the purchase and sale of Gear. “You,” “Your,” “User,” “Buyer,” or “Seller” includes Your employer or Your business entity if You are an employee or business owner, or if Your principal is You or an agent.
In order to access the Company Services You must complete the registration process by providing Company with current, complete and accurate information, as more specifically required by the then current registration procedures. You may be required to specify a username and password and provide their name, company name, address, and email address. You shall maintain and update Your registration data from time to time to ensure that it is always accurate. Company may refuse to accept Your application at its sole discretion. Registering to participate complies acceptance of these Terms.
Company may revise these Terms at any time by posting an updated version to the Websites. You should visit this page periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the Websites suspended or terminated, at Company’s discretion.
You agree to pay all applicable fees for the use of the Company Services in the amounts and at the times set forth on the Websites and subject to any other payment terms described on the Websites. Unless specified otherwise, all amounts due hereunder shall be paid in US Dollars, in full, by a valid credit card.
2. USE OF THE WEBSITES BY MINORS
Company does not allow use of the Websites by persons under the age of 18. Although Company cannot absolutely control whether minors gain access to the Websites, Your subscription may be cancelled and Your membership may be terminated without warning if Company believes that You are under the age of 18 and Company does not have satisfactory proof of Your age.
3. OWNERSHIP OF COMPANY CONTENT
The Websites are to be utilized solely by Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed and approved by Company. All right, title and interest in and to the contents of the Websites, including, without limitation, designs, text, graphics, images, video, information, logs, button icons, software, audio files, code that Company creates to generate or display content and the collection, arrangement assembly of all content on the Websites (“Company Content”) are the exclusive property of Company and are protected by copyright, trademark, patent, trade-secret and other laws.
4. USE OF COMPANY CONTENT
Company Content may not be used, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose other than as expressly permitted in these Terms. You may not use Company Content on any third party site and/or for any commercial purposes, except as permitted by the normal functionality of the Websites. Company reserves all rights not expressly granted in and to the Websites and Company Content. This license is revocable at any time without notice and with or without cause.
5. BUYER TERMS
In addition to any other representations, warranties or promises contained in these Terms, the following representations and warranties govern Your activities as an actual or potential Buyer:
a. Buyer has and will provide complete, truthful and non-misleading information during the “Registration” and/or Company’s “Add To Cart” and/or “Checkout” process.
b. By clicking on the purchase feature of the Website Buyer agrees to purchase the selected Gear at the purchase price listed on The Websites (“Purchase Price”).
c. Buyer agrees to pay all insurance, taxes, shipping, duty and freight handling and administrative charges (“Additional Charges”). The Additional Charges may not be included in the Purchase Price. Additional Charges, shall also include all applicable sales taxes related to the purchase of the Gear, and such taxes, if any, will be listed on the Buyer’s purchase information. Buyer must pay for insurance on all shipments and indemnify and hold Company harmless from any and all responsibility in connection with the shipment and handling of all Gear purchased by Buyer. Buyer shall bear all risk of loss with respect to the Gear from the moment that the Gear is delivered to the shipping company. In the case of any damage or loss during shipment, it is Buyer's responsibility to notify the shipping company upon delivery and file a claim directly with such shipping company. In the event that damage is due to shipping, Seller will not accept any return of the Gear for such damage. Additionally, Company is not responsible for any delay in shipping or availability of such Gear.
d. Buyer will be notified within 2 days of purchase of the Additional Charges and will be required to confirm its acceptance of the same within 2 days of Company’s notice to Buyer. If Buyer does not confirm agreement to those Additional Charges, if any, within the time period indicated Company may cancel the order for that Gear.
e. Unless otherwise stated, all fees payable to Company are payable in U.S. Dollars.
f. ALL SALES ARE PREPAID BY BUYER. Once Buyer agrees to the Purchase Price plus any Additional Charges (“Total Amount”), Buyer must pay Total Amount in advance via a payment method approved on the Websites. Once the order is Accepted as provided herein, Company will forward such pre-payment of the Total Amount to the Seller, less Company fees and taxes.
g. Company only accepts Credit Card Payment for the Total Amount. Buyer must contact us to arrange for another pre-payment option. Buyer must contact us for such pre-payment option at phone number 1-954-505-8400.
h. Buyer understands that, despite payment of the Total Amount, no purchase and sale of Gear is final until the purchase and sale is Accepted by both Buyer and Seller and the Gear is delivered to Buyer.
i. In the event that Buyer chooses to return the Gear, Buyer must comply with Company’s current return policy. Unless otherwise modified by Company, Company’s return policy (“Return Policy”) is as follows: Buyer may return the Gear for a full refund within 48 hours of their receipt of that Gear provided that Buyer notifies Company within 48 hours of Buyer’s receipt of the Gear that Buyer is returning the Gear; if Buyer does not notify Company within 48 hours that they are returning the Gear as provided herein, the Gear shall be considered accepted by Buyer (“Accepted”). All Gear must be repackaged in its original shipping boxes or cases and promptly returned at Buyer’s expense to the location specified by Seller on the Purchase Order which will be included with the Gear not later than 5 days after Buyer’s notice that they are not accepting the Gear. All shipping costs with respect to the return of the Gear are the responsibility of the Buyer. If the Gear has been used or damaged by Buyer it may not be returned. If a refund is authorized, Buyer will receive the refund within 14 days after Seller receives the Gear. Company’s refund policy may be changed at any time via changes to the Terms. Company reserves the sole right to determine any dispute relating to whether any return of Gear meets Company’s Return Policy and if any refund is warranted.
j. In the case of any damage or loss during shipment, it is Buyer’s sole responsibility to notify Company, Seller and the shipping company immediately upon delivery, in writing, and thereafter file a claim with the shipping company. Buyer also agrees to indemnify and defend Company from and not hold Company responsible for any delay in shipping or availability of any Gear purchased or sought to be purchased by Buyer.
k. If Buyer has a dispute, claim, or controversy of any kind or nature with one or more other Buyers or Sellers utilizing the Websites, Buyer fully and unconditionally releases, indemnifies, and will defend and hold harmless Company (and all of its agents, officers, directors, affiliates, subsidiaries, joint venturers and employees) from any and all claims, demands, causes of action, controversies, suits, damages (actual and consequential) of every kind and nature (“Claims”), known and unknown, arising out of or in any way connected with such Claims. If Buyer is a California resident or corporation, or other entity, Buyer fully and unconditionally waives the California Civil Code § 1542, which says: “a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of creditor’s executing the release, which if known by him must have materially affected his settlement with the debtor.”
l. Without limiting the foregoing, in the event Buyer has a dispute/Claim with Seller, Buyer must in good faith, seek to resolve that dispute/Claim with the Seller pursuant to Company’s current Buyer Dispute Resolution Policy and/or indemnify, defend and hold Company harmless in connection with any and all such disputes. Unless otherwise modified on the Websites, Company’s dispute resolution policy for Buyers (“Buyer Dispute Resolution Policy”) is as follows: Buyer must engage in good faith dispute resolution procedures in accordance with Company’s Rules, if any, prior to seeking any charge back or litigation relating to such Claim. In the event any Claim is not resolved with good faith efforts of Buyer and Seller, Buyer will notify Company in writing of the nature and subject of any such Claims at least 10 business days before Buyer files any lawsuit, arbitration or demands mediation of any kind or nature in connection with any such Claim. While Company’s customer service department may provide information to or facilitate information between Buyer and Seller in connection with such Claim, Company is not responsible for, and not liable to Buyer for, the outcome of any such Claim. Company’s dispute resolution procedures may, from time to time, require that all Claims of the nature identified in such dispute resolution procedures by Company be resolved by a decision rendered by Company’s customer service department.
m. Buyer will also not seek to obtain a charge-back or the like from any credit card or electronic funds processor without first exhausting good faith dispute resolution efforts with Seller, submitting its Claim in connection with such charge-back to Company’s customer service department, providing Company’s customer service department written notice of the reasons for such desired charge-back or refund, and providing Company time to resolve such dispute, pursuant to the time period specified in Company’s customer service policies and procedures. Further, prior to initiating a charge-back with Buyer’s credit card company, Buyer must: i. call Company’s customer service department at 1-954-505-8400 and/or e-mail Company’s customer service department at customerservice(at)stagedealer.com and obtain a charge-back/returned item authorization number (“RMA”); ii. provide a written reason for returning the Gear, the RMA number and a copy of the sales receipt Buyer received with Buyer’s order to Company’s customer service department; and iii. return the Gear in accordance with Company’s and the Seller’s return policies, including a copy of Buyer’s sales receipt and RMA number in the return package. Please note that any RMA numbers not received by Company’s customer service department within 10 days of their issuance are deemed void and no charge-back will be authorized.
n. If, for any reason, Buyer seeks to obtain a charge-back from its credit card company or other electronic funds payment provider and such charge-back is not issued, Buyer will pay Company an Additional Fee/fraudulent charge-back fee in the amount of $75 to compensate Company. for Company’s research and effort incurred in investigating the charge-back and responding to Buyer’s credit card company or other electronic funds authorization provider. Buyer is also responsible to Company and to Seller for any damages to Seller caused by such fraudulent or unwarranted charge-back. Buyer agrees that it will not seek to obtain a charge-back from its credit card company or other electronic funds payment provider if Buyer has used the item or has failed to comply with Company’s Return Policies.
o. Buyer will not take any action to manipulate the price of any Gear or interfere with any other Buyer or Seller’s efforts to purchase or sell any Gear other than to, in bona fide good faith, seek to purchase an item listed on the Websites.
p. Buyer will not make any misrepresentation to any Seller of the amount Buyer can or has agreed to pay, or otherwise engaging in any effort to defraud any Seller.
q. Buyer acknowledges when utilizing the ‘Purchase’ feature on the Websites, that if the credit card payment for the final sale is declined a $35 administrative fee will be charged.
r. Buyer is personally responsible for obtaining expert instruction and for learning the proper techniques for the use of the Gear and assumes all risk, and accepts complete responsibility for any and all damages and injuries of any kind resulting from any use and/or misuse of the Gear. The Websites do not provide instruction and are not a substitute for personal instruction by qualified persons well versed in all appropriate safety techniques and methods. Any information contained on the Websites pertaining to the Gear or its use is provided solely to assist the Buyer in making purchasing decisions. All Gear should be used in accordance with all local, state and federal laws and codes.
6. SELLER TERMS
In addition to any other representations, warranties or promises contained in these terms, the following representations and warranties shall govern Your activities as a Seller:
a. In order for Seller to list Gear on the Websites, Company and Seller must agree to the commercial terms between Company and Seller with respect to the Listing and/or sale of the Gear on the Websites. Seller will comply with all of Company’s Listing policies and procedures Company designates in the Terms from time to time.
b. Seller represents and warrants that it is the lawful owner of all Gear listed on the Websites, that the Gear is free from all encumbrances; that Seller has the right to sell the Gear.
c. The sale of stolen property on the Websites is strictly forbidden, and violates state, federal and international law.
d. By clicking on the Listing feature of The Websites (and clicking on “Agree” under the “Listing” feature), Seller agrees to the Terms and any terms and conditions Company imposes for listing of the Gear for sale on the Websites.
e. Unless otherwise agreed to between Seller and Company, Seller agrees to pay Company the then current fees designated on the Seller fee payment schedule as compensation for Company Listing the Gear and otherwise providing the Company Services to Seller. Seller is responsible for paying any and all applicable governmental surcharges, taxes and the like associated with the purchase and sale of the Gear (e.g. state sales tax). Seller agrees to timely pay fees pursuant to the fee schedule via a valid payment method designated by Company. Company may deduct all such fees from any pre-payment made by Buyer.
f. Seller will indemnify, defend and hold harmless Company from any and all sales and use taxes, excise taxes and/or duties of any kind or nature associated with the sale of the Gear to Buyer.
g. Seller shall not list, advertise or make available for sale, any Gear, with any other agent, re-seller service, online vendor service, online marketplace or broker or the like while such Gear is listed on the Website.
h. Seller agrees that in the course of negotiation and finalization of the sale of any Gear, Seller shall not contact the potential Buyer directly for the purpose of offering for sale the Gear or any other Gear. Any breach of this covenant shall entitle Company to the fee it otherwise would have received for the sale of the Gear listed and any other Gear or items sold to such Buyer, had Seller not breached this covenant.
i. If Buyer does not confirm agreement to any Additional Charges, Company may cancel the order for that Gear without liability to Seller.
j. Within 24 hours of Company’s notice to Seller that a Buyer is willing to purchase the Gear listed, Seller shall execute/confirm Company’s “Purchase Order” agreeing to be bound by the specific terms and conditions contained in it and confirming its agreement to the Purchase Price.
k. SELLER ACKNOWLEDGES THAT ALL SALES ARE PREPAID BY BUYER. Once Buyer confirms Buyer’s agreement to the Purchase Price (plus any Additional Charges), Buyer will be required to PRE-PAY the Purchase Price plus all Additional Charges (the “Total Amount”) via a payment method approved on the Websites, and in accordance with the current Rules. By making such pre-payment, Buyer will be making timely pre-payment to the Seller (by pre-payment through Company) via Company's payment procedures posted in the “Checkout” portion of the Websites.
l. Company generally accepts only credit card payment for the Purchase Price and any Additional Charges. If Buyer or Seller seek to pay by another method or Company agrees to accept another method of payment, Buyer and/or Seller must contact Company to arrange for another pre-payment option. Buyer and/or Seller must contact Company for such pre-payment option at phone number 1-954-505-8400. Seller agrees to accept any payment method approved by Company.
m. In the event that Company approves utilization of PayPal or similar services, Company may deduct any amounts due (e.g., the Total Due or any portion thereof) from the PayPal or similar service balance maintained by Seller.
n. In the event Company designates a payment method such as electronic funds transfer, or credit card payment, Seller agrees to maintain such payment system in good standing. If Seller ceases or cancels such bank account or credit card or Company decides not to accept that credit card or payment type for any reason, Seller will provide an alternative acceptable payment method to Company within the time period specified in such notice to Seller. In the event Seller fails to timely pay Company any monies due, Company may collect such fees or other amounts due via other collection mechanisms, including, without limitation, charging such payments to any other payment mechanism on file or previously on file with Company and retaining collection agencies and legal counsel for accounts over 90 days past due.
o. Notwithstanding anything to the contrary contained in these Terms, though payment typically takes place within 10 to 14 days after the Buyer receives and inspects the Gear, the Seller may receive payment through Company up to 90 days following the date of completion of the sale of the Seller's Gear: Company is not an escrow agent or trustee and is not required to pay interest during such time.
p. Upon receipt and confirmation of the Purchase Order of the sale of the Gear, Seller will timely ship the Gear to the Buyer.
q. Prior to shipping, Seller will sufficiently prepare and package the Gear for shipment. Any damage or loss due to insufficient packaging or preparation may result in a holdback of some or all of the Seller proceeds. Any freight claim denied due to insufficient packaging will become the responsibility of the Seller. Seller and Company hereby agree that all delivery costs shall be borne by the Buyer and/or Seller unless otherwise agreed between Seller and Company. In no event shall any delivery costs be the responsibility of Company.
r. Seller will deliver the Gear to the Buyer in the condition represented to Buyer in the Listings.
s. Seller will act in good faith to resolve any disputes between Buyer and Seller and will indemnify, defend and hold Company harmless from any and all claims, controversies, causes of action or damages associated with the offer or sale of the Gear.
t. Seller will accept/provide refunds in accordance with the Rules for refunds. Upon receipt of the returned item by Buyer, Seller agrees to return all monies paid by Company to Seller within 3 business days.
u. Seller must comply with all of Company’s Rules in connection with Company’s “Return Policy.” Unless otherwise modified, Company’s Return Policy is as follows: If any piece of Gear is not Accepted by Buyer, then Buyer will have the right to receive a full refund, less shipping costs, provided Buyer complies with Company’s Return Policy and returns the Gear to Seller, at Buyer's expense. Company allows any Buyer to return that Gear for a full refund within 48 hours of their receipt of that Gear provided Buyer notifies Company within 48 hours of Buyer’s receipt of the Gear that Buyer will return the Gear. All returned Gear must be repacked in their original shipping boxes or cases, and promptly return at Buyer’s expense to the location specified by Seller on the Purchase Order which will be included with the Gear no later than 5 days after Buyer’s notice that they are not accepting the Gear. All return shipping costs are the responsibility of the Buyer. Further, any damage by Buyer or use of the Gear purchased will result in the Gear being unable to be returned. If a return is requested in accordance with Company’s Return Policy, Buyer will re-ship the Gear back to the Seller, and any additional return shipping charges, will become the responsibility of the Buyer. If a refund is authorized under Company’s Rules, Buyer will receive the amount to be refunded from Seller within 14 days after Seller’s receipt of the returned Gear. Company’s Refund Policy may be changed at any time via changes to the Rules. Company reserves the sole right to determine any dispute relating to whether any return of Gear meets Company’s Return Policy and if any refund is warranted.
v. Without limiting Company’s Return Policy, if Company has a dispute, claim, or controversy of any kind or nature with one or more other Seller’s utilizing the Websites or any of their Buyers, Seller fully and unconditionally releases, indemnifies, will defend, and hold harmless Company (and all of its agents, officers, directors, affiliates, subsidiaries, joint venturers and employees) from any and all claims, demands, causes of action, controversies, suits, damages (actual and consequential) of every kind and nature (“Claims”), known and unknown arising out of or in any way connected with such Claims. If Seller is a California resident or corporation, or other entity, Vendor fully and unconditionally waives the California Civil Code § 1542, which says: “a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of creditor’s executing the release, which if known by him must have materially affected his settlement with the debtor.”
w. Seller will comply with all of Company’s Rules for addressing and dealing with charge-backs. Company may change or amend Company’s Charge-Back Policies and procedures at any time. While Company works cooperatively with Sellers to investigate and in some instances challenge/dispute charge-backs, Company is not responsible for obtaining/disputing any charge-back commenced by any Buyer or Seller.
x. Without limiting the foregoing, in the event Seller has a dispute/Claim with Buyer, Seller must in good faith seek to resolve that dispute/Claim with the Buyer pursuant to Company’s current Seller Dispute Resolution Policy and/or indemnify, defend and hold Company harmless in connection with any and all such disputes. Unless otherwise modified on the Websites, Company’s dispute resolution poicy for Sellers (“Seller Dispute Resolution Policy”) is as follows: Seller must engage in good faith dispute resolution procedures in accordance with Company’s Rules, if any, prior to seeking to challenge any charge-back or litigation relating to such Claim. In the event any Claim is not resolved with good faith efforts of Buyer and Seller, Seller will notify Company in writing of the nature and subject of any such Claims at least 10 business days before Seller files any lawsuit, arbitration or demands mediation of any kind or nature in connection with any such Claim. While Company’s customer service department may provide information to or facilitate information among Buyer and/or other buyers or Sellers in connection with such Claim, Company is not responsible for and is not liable to Seller for, the outcome of any such Claim. Company’s dispute resolution procedures may, from time to time, require that all Claims of the nature identified in such dispute resolution procedures by Company be resolved by a decision rendered by Company’s customer service department.
y. Company’s “Charge-Back Policy” is as follows: in order for a Seller to obtain Company’s assistance in disputing a “charge-back” to any credit card or the like, Seller must provide Company appropriate evidence of the reason the charge-back should be denied. Seller may do so by e-mailing Company’s customer service department at customerservice(at)stagedealer.com or call Company’s customer service department at 1-954-505-8400. In order for any Seller to dispute a charge-back, it must do so within 10 calendar days of being notified by Company of the attempted charge-back. Seller must provide information to Company in order to evaluate the sought denial of the charge-back and communicate that information to the credit card company. This information includes: i. proof of delivery, such as online tracking numbers, ii. copies of the original item description and any photos, iii. proof that the Buyer was already refunded, iv. proof that the Buyer was provided a replacement product, v. correspondence between Seller and Buyer regarding the Gear, vi. any other agreements signed or accepted by Buyer and/or Seller at the time of purchase of the Gear, and vii. any other return terms or policies that were communicated to Buyer at the time of purchase. Company reserves the right not to dispute any charge-back, even if Seller has provided evidence to Company for reasons including, without limitation, if Company believes the dispute is unlikely to be successful or unwarranted. Seller will pay to Company an administrative fee of $35 for all charge-backs, regardless of the outcome. Seller will also not seek to challenge a charge-back or the like from any credit card or electronic funds processor without first exhausting good faith dispute resolution efforts with Buyer, submitting its Claim in connection such charge-back to Company’s customer service department, providing Company’s customer service department written notice of the reasons for denial of such desired charge-back or refund, and providing Company time to resolve such dispute, pursuant to the time period specified in Company’s customer service policies and procedures. Further, prior to initiating a challenge to a charge-back, Seller must:
i. call Company’s customer service department at 1-954-505-8400 and/or e-mail Company’s customer service department at customerservice(at)stagedealer.com and obtain or be notified of the applicable charge-back/returned item authorization number (“RMA”); and
ii. provide a written reason for challenging the return of the Gear and the RMA number to Company’s customer service department.
If, for any reason, Seller seeks to challenge a charge-back from its credit card company or other electronic funds payment provider and such charge-back is issued (the challenge is denied), Seller will pay to Company an Additional Fee/fraudulent charge-back challenge fee in the amount of $75 to compensate Company for Company’s research and effort incurred in investigating the charge-back and responding to Buyer’s credit card company or other electronic funds authorization provider. Seller is also responsible to Company and to Buyer for any damages to Company or Buyer caused by such fraudulent or unwarranted challenge to the charge-back. Seller agrees that it will not seek to challenge Buyer’s efforts to obtain a charge-back from its credit card company or other electronic funds payment provider if Buyer has not used the Gear and Vendor has failed to comply with Company’s Return Policies.
7. WARRANTIES AND REPRESENTATIONS
During the registration process, You will be prompted to provide personal information that allows Company to know who You are, such as Your full name, age, street address, email address and phone number ("Information").
The Company Services are provided for Your personal and/or internal business purposes. Any unauthorized use of the Company Services (including, without limitation, accessing any aspect of the Company Services for which You are not authorized or any commercial uses not expressly permitted in the Terms of Service is expressly prohibited. You are fully responsible for all activities conducted through Your User account. During the registration process You will also be asked to choose a password. You are entirely responsible for maintaining the security of Your password. You agree not to use another User’s account or password at any time, not to let any unauthorized third party use Your account and not to disclose Your password information to any unauthorized third party. You agree to notify Company immediately if You suspect any unauthorized use of Your account or access to Your password.
By using the Websites, You warrant and represent that (i) all Information You submit is truthful, accurate, current and complete; (ii) You will maintain the accuracy of such Information by updating and revising it promptly; and (iii) You use of the Websites does not violate any applicable law or regulation.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of material contained in and/or placed by You on the Websites.
You acknowledge and agree that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information will be marked as deleted and may be deleted from Company's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Company’s web servers. In addition, third parties may retain saved copies of Your Information. For the avoidance of doubt, Company has no obligation to store, maintain or provide You a copy of any content that You or others provide when using the Websites.
Company reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
The Websites are to be utilized solely by Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Illegal and/or unauthorized use of the Websites, including collecting names and/or email address of Users by electronic or other means for the purpose of sending unsolicited email is prohibited.
8. USE RESTRICTIONS
You shall not use the Websites or assist, encourage or enable others to use the Websites to:
· interfere with the Websites and/or take any action that imposes an unreasonably large load on any Websites;
· use software or other devices to collect content or information.
· violate the security resources of any Websites;
· reverse engineer or create derivative works based on any element of any Websites;
· use any of the Company Content or information available from any Websites other than as permitted by these Terms;
· link to any Company Content or information from any Websites, unless permitted by these Terms;
· use any content or material in a false or misleading information in any manner or otherwise transmit content that infringes or violates any third party rights or violates any law or regulation.
· share any login credentials to any Websites;
· attempt to gain access to areas of the Websites or access data not intended for You or log into a server or account which You are not authorized to access;
· violate restricted or password-only access pages, or hidden pages or information;
· use passwords or login information to access an account belonging to any third party;
· take any action concerning or transmit unsolicited or unauthorized mail or email promoting and/or advertising products or services, including, without limitation, junk mail, span, chain letters, pyramid schemes or any other form of solicitation.
· take any action concerning or otherwise transmit content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
· promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
· take any action or upload or email or transmit content or any communication that in Company’s sole discretion is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, discriminatory, invasive of another’s privacy, racially, ethnically or otherwise objectionable.
· engage in any other behavior that Company, in its sole discretion deems contrary to the purpose of the Website.
· make any unauthorized commercial use of any Websites.
9. USER CONTENT AND SUBMISSIONS
You warrant and represent that You own or have the right to grant Company a worldwide, royalty free license for the use of all information, data, text, software, music, sound, images, performances, photographs, graphics, video, advertisements or messages posted or furnished by You on the Websites ("User Content"), and in the advertising and promotion of the Websites, and that the transmission or posting and use of the User Content on the Websites is not in violation of any applicable laws or contractual restrictions or other third party right, including, without limitation, privacy, publicity and intellectual property rights.
You retain copyright, trademark and other intellectual property rights with respect to Your User Content that You submit, transmit or display on or through the Websites, to the extent that You have such rights and Company claims no ownership or control over any User Content.
You may request the deletion of Your User Content at any time by using the tools on the Websites to do so; however, if You have shared User Content with others, Company has no control over their ability to store, copy or otherwise access or use Your User Content. Further, You acknowledge that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). Company reserves the right to refuse and/or reject any User Content in its sole discretion.
Company reserves the right to terminate Users accounts and prevent their further access to the Websites and/or use of Company Services for violating the Terms or applicable laws, rules or regulations. Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Company, damage Company’s brand or public image, or cause Company to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Company makes no representations and/or warranties concerning the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users. Company does not endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
10. COPYRIGHT OR TRADEMARK INFRINGEMENT
Company respects the intellectual property of others, and Company asks Company’s Users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Websites, You agree not to use any Websites to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the accounts of any Users, and block access to the Websites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Company reserves the right, in its sole discretion, to take these actions to limit access to the Websites and/or terminate the accounts of any time, in Company’s sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
It is Company’s policy to respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”). If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide Company’s designated agent with the following information:
a) physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
b) identification or description of the copyrighted work or other intellectual property that You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
c) identification or description of where the material that You claim is infringing is located on the Website, with enough detail that Company may find it on the Website;
d) Your address, telephone number, and email address;
e) a statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company’s designated agent to receive notification of alleged infringement under the DMCA is:
Stage Dealer, LLC, 1382 West McNab Road, Fort Lauderdale, Florida 33309
Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact copyright(at)stagedealer.com. If Company removes or disables Your access to the Websites as a result of a DMCA notice Company will make a good-faith attempt to contact You so that You may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
11. TITLE TO GEAR
While Company may receive, as a convenience for the parties, pre-payment by Buyer from the transaction and remit amounts due to Seller (less applicable fees), Company does not transfer legal ownership of items from any Seller to any Buyer, does not purchase the item from Seller (i.e., does not purchase and re-sell the Gear) does not take any item on consignment, is not an auction site, engages in no bailment and nothing in these Terms or any of the Rules modifies or shall modify the governing provisions of the Commercial Code of any state, and the Uniform Commercial Code § 2-401(2) unless You expressly agree otherwise, and Company agrees to the same.
12. DISCLAIMERS OF WARRANTIES
The Websites and Company Content are provided on an "As Is" basis without any warranties of any kind. Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Company Content, services, software, text, graphics, and links. To the fullest extent possible by law, Company does not guarantee that any Websites will function without interruption, that any of Company services will operate error-free or that any Websites and its servers are free of computer viruses or other harmful mechanisms. In particular, the operation of the Websites may be interrupted due to maintenance, updates, or system or network failures. If Your use of any Websites or the Company Content results in the need for servicing or replacing equipment or data or any other costs, Company is not responsible for those costs. The use of all Websites and Company Content is at Your own risk. Company does not guarantee any specific results from the use of any Websites. No advice or information, whether oral or written, obtained by a User from Company or through or from any Websites shall create any warranty not expressly stated herein. In no event shall Company be liable for the deletion, loss, or unauthorized modification of any User Content.
Company does not provide warranties on the Gear purchased by Buyers. As part of Company’s Rules for Seller’s, Seller (not Company) will, unless specified on the Website or a Purchase Order, warranty to the Buyer that the Gear being sold is free from defects of material and workmanship for a period of 48 hours after delivery to the Buyer. Seller (not Company) will and hereby expressly warrants and represents to Buyer that the Gear to be delivered is the exact Gear being advertised by Seller on the Website and shall be in as good of working order as advertised. Company does not warrant the accuracy of any information provided with the Gear on the Website, or through direct correspondence with Company personnel or those of the Seller. In all such cases, Seller will indemnify and defend Company in connection with all such Claims. To the extent legally permitted, Company excludes any and all implied warranty of merchantability or fitness for a particular purpose.
You will not hold Company responsible for any user content, actions, inactions, or any items or services of any kind or nature that Company lists for purchase via the Websites or Company’s destruction of, or refusal to offer or sell any allegedly fake, counterfeit, or illegal items. You acknowledge that because Company is not an auctioneer or Seller’s or Buyer’s agent, Company has no fiduciary duty to any Seller or Buyer and is not responsible for obtaining for Seller or Buyer the highest or lowest price available for any Gear listed via the Website. Instead, the Websites and all Company Services associated with it provided by Company merely serves as a venue to allow Sellers to offer and sell, as well as to facilitate Sellers’ offer and sale of the Gear. To the extent that Company is in any way involved with the actual transaction (such as the offer, sale or negotiation of the sale of any Gear), they do so as a mere convenience to Seller and Buyer and not as the Seller’s or Buyer’s agent. While Company may help facilitate the offer and sale of the Gear and/or may help to facilitate resolutions of disputes among Sellers and Buyers, it has no control over the terms offered by Sellers or Buyers and does not guarantee the quality, safety or legality of any items advertised, offered or sold, the truth or accuracy of any statement made by any party in connection with any Listing, negotiation or transaction process, or the ability of any Seller to sell or any Buyer to buy, pay for or receive in a timely manner, any Gear listed or offered or sold via the Websites, or any related services, or that any Buyer or Seller of any kind or nature, will actually complete the transaction for the Gear, return the Gear or timely pay for such item.
To the fullest extent possible by law, in no event shall Company, its suppliers, or any third parties mentioned on any Websites be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any Websites and the Company Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages.
As a condition of using the Websites You hereby release Company and its partners, shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any and all claims, demands, damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Websites to the fullest extent permitted by law.
Notwithstanding the immediately preceding sentence, You acknowledge and agree that in no event will Company’s cumulative liability arising out of or in connection with any Websites or Your use of the Company Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), exceed $100.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
14. LINKS TO THIRD PARTY SITES
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. Company may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You.
In addition to any other indemnity obligation which may be contained in these Terms, You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees and agents, from and against any damages, losses, liability, claims, costs, actions or demands, (including, without limitation, reasonable legal fees and costs), arising from, related to or caused by Your use of the Websites and Company Services, including, without limitation, any User Content or other material You provide to any Websites, (ii) Your use of any Company Content or Services, or (iii) Your breach of these Terms. Company shall provide notice to You promptly of any such claim, suit, or proceeding.
17. ACCESS FROM OUTSIDE THE UNITED STATES
The Websites are controlled and operated by Company from its offices within the United States. Company makes no warranty or representations that the Company Content are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal or prohibited. Those who choose to access the Websites or the Services for other locations do so on their own initiative and are responsible for compliance with applicable local law. Your use of the Websites and Company Services, including, software downloaded from any Websites is further subject to export and re-export control laws of the United States. You shall not directly, or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that You are not prohibited from receiving United States origin products, including services or software.
These Terms are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Broward County, Florida.
If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Company’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Company’s ability to enforce such term at any point in the future.
20. ADDITIONAL TERMS
Certain areas of the Websites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
21. ENTIRE AGREEMENT
Except as expressly provided in an additional agreement, additional Terms for certain areas of the Websites, a particular "Legal Notice," or software license or material on particular pages on the Websites, these Terms constitute the entire agreement between You and Company with respect to the use of the Websites. No changes to these Terms shall be made except by a revised posting on this page.
22. TERMS AND TERMINATION
These Terms will remain in full force and effect while You are a User of any Websites. Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Websites and immediate termination of Your registration with or ability to access the Websites and/or any other services provided to You by Company, upon any breach by You of these Terms or if Company is unable to verify or authenticate any information You submit to a Websites registration. Except with respect to Your ability to access and use the Websites, all of these of these Terms shall survive any termination of Your registration, for any reason.