THE FOLLOWING DESCRIBES THE TERMS UPON WHICH VINYLBID OFFERS SERVICES TO ITS MEMBERS.

Welcome to VinylBid's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Vinylbid.com and our general policies. If you have any questions that our User Agreement or Privacy Policy cannot answer, please contact our Security Squad at securitysquad@vinylbid.com.

1. Membership

Our services are available only to individuals who can form legally binding contracts under the relevant laws. Without limiting the foregoing, our services are not available to minors (although minors can use, with permission, a parent and/or guardian's account). If you do not qualify, please do not use our services. In addition, our services are not available to temporarily or indefinitely suspended Vinylbid members.

2. Fees and Services

Joining and bidding on items at Vinylbid is free, as per our Fees & Credits policy. We may change our Fees & Credits policy and the fees for our services from time to time. Our changes to the policy are effective in the beginning of the next whole billing cycle. However, we may choose to temporarily change our Fees & Credits policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the announcements board. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may at our discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and any applicable taxes.

3. Vinylbid is Only a Venue

3.1 Overview

Our site acts as a venue for individuals to buy and sell items related to the DJ and underground music market from other like-minded individuals. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

3.2 Safe Trading

Because user authentication on the Internet is difficult, Vinylbid cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification. See our Help Section for details.

3.3 Release

Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Vinylbid (and our officers, directors, agents, employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3.4 Information Control

We do not control the information provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Consult our How To Be A Safe Buyer & How To Be A Safe Seller sections.

4. Bidding and Buying

If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements), you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances (see our Buyer FAQ section.) You are also advised to be aware of our disciplinary policy regarding buyers who refuse to fulfill their end of the transaction, as outlined in our Non-Paying Bidder Policy.

5. Listing and Selling

5.1 Listing Description

Listings may only include text descriptions, graphics & pictures you supply to our site (or that you link to from our site) or links to audio files that describe your item for sale. All listed items must be listed in an appropriate category. All Dutch auction items must be identical (the size, color, make, and model all must be the same for each item). See our Auction Listing Policy for further details.

5.2 Binding Bids

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. In such circumstances, consult the Security Squad section for the necessary steps to be taken.

5.3 Fraud

Without limiting any other remedies, Vinylbid may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

5.4 Manipulation

Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other users' listings or auctions.

6. Your Information

"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:

6.1 Your Information (or any items listed therein):

(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography
(g) shall not contain any viruses, Trojan horses, worms, 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;
(h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) shall not link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under this Agreement;
(bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for auction on a web site other than VinylBid's; or
(dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current policies.

6.2 Solely to enable Vinylbid to use the information with which you supply us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Vinylbid will only use Your Information in accordance with our Privacy Policy.

7. Access and Interference

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Vinylbid site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Vinylbid by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Vinylbid or the appropriate third party.

8. Feedback

You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -2 (defined as # of positives MINUS # of negatives), your membership will be automatically suspended, and you will be unable to list or bid.

8.1 Export

You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Vinylbid, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Vinylbid users, you agree that you shall not market or export your Vinylbid feedback rating in any venue other than Vinylbid.

8.2 Import

We do not provide the technical ability to allow you to import feedback from other websites to Vinylbid because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

8.3 Feedback Removal

Should any inappropriate feedback (as outlined in our Feedback Removal Policy) be left within any member's Feedback Profile, that feedback may be removed at our discretion, and applicable disciplinary action may be initiated.

9. Breach

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:

(a) if you breach this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or us.

10. Privacy

We are in the process of becoming TRUSTe certified. This organization is dedicated to building trust in the Internet by having member organizations such as Vinylbid disclose information practices. Our policy on privacy is to be held to high standards by this independent third party organization. You may view our current Privacy Policy at your convenience.

11. No Warranty

WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. Liability Limit

IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

13. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

15. No Agency

You and Vinylbid are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement, nor shall you use our name, symbols, designs, insignias, slogans, logos, including but not limited to graphics & text, to imply or create the impression of such a relationship, through any medium, without the expressed written consent of Vinylbid.

16. Trademark Infringement

You agree not to use VinylBid's name, symbols, designs, insignias, slogans, logos, including but not limited to graphics & text, in any manner, through any medium, without our expressed written consent.

17. Additional Terms

Adherence to the User Agreement includes adherence to all documents referenced below:
(we may change our policies from time to time and our changes will be publicly posted on VinylBid.com's homepage, as well as being sent by e-mail to users who have selected to be notified of site activity in such a manner)

17.1 Privacy Policy

17.2 Fees & Credits

17.3 Auction Listing Policy

17.4 Non-Paying Bidder Policy

17.5 Feedback Removal Policy