Terms of Use

Music Lovers, Welcome to AudioFlea! We’re so glad so glad you joined us on this journey to help make the online audio marketplace and community at better place! Make yourself at home and enjoy the site, however please help us out by observing the following terms of use to help keep AudioFlea.com site an enjoyable place for all to visit.

Accepting these Terms

This document and the other documents that we reference below make up our Terms of Use (known hereafter as “Terms”). The Terms are a legally binding contract between you and AudioFlea, LLC. This contract sets out your rights and responsibilities when you use the services provided by AudioFlea (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Other Documents

AudioFlea’s Services connect people around the world, both online and offline, to make, sell and buy audio related gear. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services: Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.
  1. By listing an item on the Site you warrant that you and all aspects of the item comply with AudioFlea’s published policies.
  2. You warrant that you may legally sell the item.
  3. You must accurately describe your item and all terms of sale in your AudioFlea listing.
  4. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself.
  5. Listings may not include links or reference to other selling venues, external listings, websites or selling channels.
  6. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited.
  7. All items must be listed in an appropriate category with appropriate tags.
  8. Each listing must accurately and completely describe the item/items for sale in that listing.
  9. Each unique item must have its own listing.
  10. All sellers are urged to outline policies for their products. These policies may include, for example, shipping, returns, payment and selling policies.
  11. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with AudioFlea’s site-wide policies.
  12. Sellers are responsible for enforcing their own reasonable selling policies.
  13. AudioFlea reserves the right to request that a seller modify a policy.
  14. Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.
  15. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale.
  16. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.
  17. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another user's account without permission.
Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.
  1. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
  2. By purchasing an item on AudioFlea, the buyer agrees to the specific return and other policies set forth by the individual seller.
  3. Any efforts to move sales initiated on AudioFlea off-site to avoid fees is strictly prohibited and may result in account suspension.
  4. Rules for Third Parties. These policies apply to: Intellectual property owners, Anyone requesting information from AudioFlea, AudioFlea API users, Affiliates. All of these policies are a part of our Terms.

Fees and Services

Joining, setting up a profile, buying and browsing on AudioFlea is free. AudioFlea does not charge fees for purchasing any item for sale. AudioFlea does charge a $5 (USD) flat fee when a seller lists and item for sale. When you list an item, you have an opportunity to review approve and accept the fees that you will be charged. AudioFlea's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for AudioFlea’s services are effective after AudioFlea provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, AudioFlea may choose to temporarily change the Fees Policy and the fees for AudioFlea's services for promotional events (for example, free listing days); such changes are effective when AudioFlea posts the temporary promotional event on the Site. AudioFlea may, at AudioFlea's sole discretion, change some or all of AudioFlea's services at any time. In the event AudioFlea introduces a new service, the fees for that service are effective at the launch of the service and will be stated clearly in conjunction with said service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Fees will include final sale price of an item as well as shipping fees on an order. In certain situations, including but not limited to a void or invalid transaction and returns, AudioFlea may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees and applicable taxes associated with using AudioFlea. AudioFlea allows sellers to indicate applicable tax jurisdictions which will be collected from buyers through AudioFlea at point of sale. AudioFlea keeps accepted, and when chosen by the buyer, payment information on file. Listing fees are collected with an item is listed for sale on AudioFlea. Fees and Termination: If AudioFlea terminates a listing or your account, if you close your account, or if the payment of your AudioFlea fees cannot be completed for any reason, you remain obligated to pay AudioFlea for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). AudioFlea may, in the future, introduce additional fee structures for bulk listings, promotions or monthly memberships. All fees will be clearly stated at POS and on updated on the Terms of Use. If you have a question or wish to dispute a charge, contact AudioFlea.

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.

Your Account with AudioFlea

You’ll need to create an account with AudioFlea to use some of our Services. Here are a few rules about accounts with AudioFlea:
  1. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  2. Honesty is the Best Policy. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
  3. Choose an appropriate username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
  6. Our Relationship. These Terms don't create any agency, partnership, joint venture, employment or franchisee relationship between you and AudioFlea.

Your Content

Content that you post using our Services is your content (known hereafter as “Your Content”). We are not responsible for. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content, including all images and descriptions, and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant AudioFlea a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help AudioFlea function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
  3. Rights You Grant AudioFlea. By posting Your Content, you grant AudioFlea a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote AudioFlea, your AudioFlea shop, or the Services in general, in any formats and through any channels, including across any AudioFlea Services or third-party website or advertising medium.
  4. Here are a few examples of how we may use your content: if you upload a photo of a listing on your AudioFlea shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into another language so a user can learn the story behind your item; and if you post a listing, we can feature it on our homepage, in one of our blogs, social media platforms or even on a billboard to help promote your item (and increase the chance for you to sell it) and promote the AudioFlea site. The more eyes we have on the site, the more of a chance your item will sell.
  5. Reporting Unauthorized Content. AudioFlea has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
  6. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on AudioFlea’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against AudioFlea, another AudioFlea user or a third party. For dealers, you are agreeing you have a right from your Manufacturers to sell the products you list online.
  2. Pay Your Bills. You are responsible for paying all fees that you owe to AudioFlea. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in the EU, however, AudioFlea will help collect and remit the correct amount of VAT.
  3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  5. The name “AudioFlea,” and the other AudioFlea marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of AudioFlea in the U.S. and other countries.
  6. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to AudioFlea (not including Your Content or items you sell through our Services) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  7. Talk to Us Online. AudioFlea will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

Termination

Termination By You. We hate to see you go, but you may deactivate your account with AudioFlea at any time from your My Account settings. Deactivating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You are responsible for paying all outstanding bills. Termination By AudioFlea. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. AudioFlea may refuse service to anyone, at any time, for any reason. If you or AudioFlea terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services. AudioFlea reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

Items You Purchase. You understand that AudioFlea does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so AudioFlea cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release AudioFlea from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims). Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. AudioFlea is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. AudioFlea is not a party to those agreements; they are solely between you and the third party. Warranties. AudioFlea is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. Liability Limits. To the fullest extent permitted by law, neither AudioFlea, nor our employees or owners shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall AudioFlea’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid AudioFlea in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

We hope this never happens, but if AudioFlea gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend AudioFlea (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

We understand that the internet can be a trying place but we ask our users to please try to get along and treat others how you would like to be treated. However, if you find yourself in a dispute with another user of AudioFlea’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website or mobile apps may contact us directly. AudioFlea will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. AudioFlea has no obligation to resolve any disputes. Release of AudioFlea. You release AudioFlea from any claims, demands and damages arising out of disputes with other users or parties.

Disputes with AudioFlea

We want to be friends and maintain a positive relationship, if you get upset with us, let us know and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
  1. Governing Law. The Terms are governed by the laws of the State of Maine, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
  2. Arbitration. You and AudioFlea agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and AudioFlea are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  3. Forum. We’re based in Portland, Maine, so any legal action against AudioFlea related to our Services must be filed and take place in Portland, Maine. That means the seat of any arbitration shall be Portland, Maine. For any actions not subject to arbitration, you and AudioFlea agree to submit to the personal jurisdiction of a state court located in Cumberland County, Maine or the United States District Court for the Cumberland County.
If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Maine.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Miscellaneous

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and AudioFlea regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact Information

If you have any questions about the Terms, the practices of this site, or your dealings with this site, please contact us at support@audioflea.com or by writing to: P.O. Box 7617, Portland, ME 04112. Last updated on June 2, 2016.