Thank you for choosing GearBooth, the world's premier musician's marketplace.
The following paragraphs describe the terms by which GearBooth offers you access to its sites, services, and tools.
GearBooths refers to any person or business using or intending to use GearBooth and/or its services as a community member (or member). By using GearBooth (which includes GearBooth.com and any related sites, services, or tools), you agree to the following terms contained in this Member Agreement (or "Agreement"). If you reside in the United States you are contracting with GearBooth, LLC, a New York State Limited Liability Corporation.
This Agreement is effective upon registration for new members. For current members, this Agreement is effective January 1, 2016 and supersedes all previous versions of the GearBooth Member Agreement. You accept this Agreement by clicking the Sign Up button when registering for a GearBooth account; accessing or using GearBooth sites or services; or as otherwise indicated on a specific site, service, or tool.
GearBooth is an online venue in which interested parties may buy or sell used musical equipment.
Activities on GearBooth, which include buying and selling, are limited to members 18 years of age or older at the time of acceptance of this Agreement. If under 18 years of age, you may conduct transactions on the GearBooth Marketplace with proper parent or guardian consent, as you may be required to enter and store credit card/personal information.
While using the GearBooth Marketplace you will fully comply with the policies listed in this document. Any member who violates the buying or selling policies will be subject to account suspension, termination, and where applicable, legal action.
When selling on GearBooth, you will not:
By listing an item on GearBooth, you agree to assume full responsibility for the content of the listing and the item offered. You will be able to view your completed listings in the Listings section of your GearBooth Account. GearBooth reserves the right to end your listing for any reason.
You agree to ship sold items within their specified handling time and to keep buyers informed of shipments by updating the shipping information for each sold item.
When buying on GearBooth, you will not:
You are responsible for reading the full item listing, including any instructions the seller provides, before making an offer or a commitment to buy. If you make a commitment to buy or your offer is accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item, unless other arrangements can be made with the seller. You agree to mark purchased items as received when they arrive.
GearBooth does not transfer legal ownership of items from the seller to the buyer.
When providing us with content or posting content on GearBooth you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of GearBooth community members, we have complied a database of instruments and their respective names, descriptions and attributes for use in conjunction with GearBooth services. While we have taken every precaution to offer reliable data, we cannot guarantee that our data will always be accurate and up-to-date, and you agree not to hold GearBooth liable for any inaccuracies. You will continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this Agreement and all GearBooth policies. Our database may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the pre-populated information or create any derivative works based on the database content (other than by including them in your listings).
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you need to submit this type of notice to GearBooth, please email support@GearBooth.com with any claims and contact information.
Once an item sells you must wait the seller’s specified handling time for the purchased item, plus seven days before a dispute can be started. After such time has passed, a button will be made available to you in the item’s detail section of the Transactions page of your GearBooth Account. You will have fifteen days to begin a dispute once this button is made available to you. After this time there will be no further action that can be taken through GearBooth for that particular item.
A member of GearBooth Support will contact you within 48 hours after a dispute is filed.
Once you mark a purchased item as received, you have three days to inspect it. If you take no action within this timeframe, you accept the item as is and no further claims against the seller can be made. This supersedes the disputable time-period.
You agree to allow GearBooth to hold the buyer’s payment for safekeeping until a) the buyer marks your item as received and three days have passed, b) the disputable time-period has ended, or c) a dispute the buyer has started is resolved; whichever comes first.
Until other solutions are made available, all withdrawls will be made to a registered Dwolla Account.
While using other areas of GearBooth, you will not:
GearBooth takes every reasonable precaution to ensure both parties of a transaction are truthful and act with integrity when dealing within the community. However, we recognize that situations may arise where intervention is necessary. While GearBooth is not liable for the completion of a transaction, we will assist in helping either party complete a transaction when needed. We strongly encourage buyers and sellers to work with one another before involving GearBooth in issues that may arise from a GearBooth transaction.
At the discretion of GearBooth management, we may limit, suspend, or otherwise terminate member accounts that violate the terms of this Agreement.
Joining GearBooth, browsing our Marketplace, using our musician's tools and resources, and listing & selling items is free. We only charge fees for purchases made through our site and may choose to temporarily change or suspend fees for our services for promotional events such as shopping sprees and holiday discounts, or for new services. Such changes are effective when we post the temporary promotional event or the new service on our site. We reserve the right to change these terms at any time with proper notice of fifteen days by posting the changes to www.GearBooth.com or by email to the email address on file within your GearBooth Account.
You agree to receive emails and phone calls from GearBooth regarding transaction details, current or on-going listings, incomplete transactions, or for other reasons as deemed necessary by GearBooth. Standard telephone minute and text charges may apply if we contact you at a mobile number or device.
We try to keep GearBooth and our community safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our services may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our site at your own risk, and that our services are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold GearBooth responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
GearBooth reserves the right to modify its policies and this Member Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Any pricing, shipping or guidance we provide on our site is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of sellers' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you is limited to the price the item sold for on GearBooth (including any applicable sales tax) and its original shipping costs, the amount of fees in dispute not to exceed the total fees.
If you have a dispute with one or more members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
GearBooth's sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to GearBooth by our customers or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
You will indemnify and hold us (and our affiliates and subsidiaries, and their respective officers, directors, employees, and agents) 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 Member Agreement, your improper use of GearBooth, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served by postal mail to GearBooth; ATTN: Legal Department, 2853 Steinway Street, Room 2F, Astoria, NY 11103 (in the case of GearBooth) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your Exchange Account preferences. In such case, notice shall be deemed given three days after the date of mailing.
You and GearBooth agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this version of the GearBooth Member Agreement (hereafter "Agreement" in this section entitled "Legal Disputes"), your use of GearBooth, or any products sold or purchased through GearBooth, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that have arisen or may arise between you and GearBooth, except as otherwise stated in the Agreement.
Without limiting other remedies, we may, at our sole discretion, limit, suspend, or terminate our services and member accounts, prohibit access to our sites, services, or tools, and their content, delay or remove hosted content, and take technical and/or legal steps to keep members from using our sites, services, or tools, if we think that they are violation of this Agreement or causing potential legal liabilities, infringing upon the intellectual property rights of third parties, or acting inconsistently with the spirit of our policies. We also reserve the right to cancel unconfirmed member accounts or accounts that have been inactive for several months, or to modify or discontinue GearBooth’s sites, services, or tools at any time.
You agree to abide by all policies posted on our sites.
The policies posted on our site may be changed from time to time. Changes take effect when we post them on www.GearBooth.com. When using particular GearBooth services, you are subject to any posted policies or rules applicable to those services, which may be posted in various locations throughout the site. All policies or rules are hereby incorporated into this Member Agreement.
If any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of any such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on www.GearBooth.com. Our right to amend the Member Agreement includes the right to modify, add, or remove terms of the Agreement. Except as stated otherwise in this Member Agreement, all amended terms shall automatically be effective 15 days after they are initially posted. Additionally, we will notify you through email at the email address on file. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through.
This Member Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services, Release, Content, No Agency, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.
GearBooth, LLC is a registerd New York Limited Liability Corporation with offices located at 28-53 Steinway Street, Room 2F, Astoria, NY 11103, USA.