Terms & Conditions
RULES AND GUIDELINES
WELCOME TO SELLMYVIOLIN.COM. We hope you find it useful. By accessing our servers, websites, or content, you agree to these Rules and Guidelines, last updated April 20, 2015.
By posting your classified ad here, you agree that it is in compliance with our guidelines listed below.
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access sellmyviolin.com in compliance with the rules and guidlines; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from sellmyviolin.com, excluding content you create and share with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post. Viewers under the age of 18 are authorized to view ads, but not authorized to make purchases or post any content on this site.
MODERATION. You agree we may moderate sellmyviolin.com access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
We reserve the right to modify any ads in violation of our guidelines in order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately and without prior notice.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with sellmyviolin.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
By posting an ad on our site, you agree to the following statement:
- I agree that I will be solely responsible for the content of any classified ads that I post on this website.
- I will not hold the owner of this website responsible for any losses or damages to myself or to others that may result directly or indirectly from any ads that I post here.
By posting an ad on our site, you further agree to the following guidelines:
- No foul or otherwise inappropriate language will be tolerated. Ads in violation of this rule are subject to being removed immediately and without warning. If it was a paid ad, no refund will be issued.
- No racist, hateful, or otherwise offensive comments will be tolerated.
- No ad promoting activities that are illegal under the current laws of this state or country will be tolerated.
- Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
- We reserve the ultimate discretion as to which ads, if any, are in violation of these guidelines.
Admissible ads: All ads must comply with the follow guidelines:
- Ads ads can only be for musical instruments.
Seller: It is your responsibility to securely package and ship and insure the instrument you have sold to the buyer. We have provided packaging and shipping hints as a guideline. Always place a piece of sponge, soft cloth or even paper towel under the tailpiece for shipping. If the bridge is juggled loose during shipping this will protect the top of the instrument from being scarred. Once you have agreed on a price and received the funds for the transaction you agree to ship the instrument within 3 business days. You also agree to provide a tracking number to the buyer by email or phone conversation. Describing your instrument as completely as possible, including good digital photos and asking a reasonable price will result in a win / win situation for everyone.
Buyer: After you have agreed on a price and provided the funds to the seller they should have a few days to let your payment clear and then ship the instrument outfit to you. We encourage all sellers to be as honest as possible and also reasonable with the selling price they have set. However we do not take any responsibility for the accuracy of the seller’s statements.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to sellmyviolin.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and sellmyviolin.com is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your sellmyviolin.com use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“SELLMYVIOLIN.COM”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) sellmyviolin.com ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the Rules and Guidelines or your sellmyviolin.com use is governed by TEXAS law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Tarrant County, TX (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against sellmyviolin.com Entities; (6) (except government agencies) to indemnify sellmyviolin.com Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your sellmyviolin.com use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. Users complying with prior written licenses may access sellmyviolin.com thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a Rule or Guideline term is unenforceable, other terms are unaffected. If Rule or Guideline translations conflict with the English version, English controls.
Thank you for your understanding.
“Sellmyviolin.com” refers to all businesses and individuals that own any interest in the website, contribute to the website’s maintenance, hosting and availability, or have any legal responsibility for the website.
SALES. You authorize us to charge your account for CL fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
Fee Schedule. User agrees to pay all fees for listing an instrument as set forth below:
Listing party agrees to pay $X per X.
Party will not be reimbursed for partial months.