Reverb Terms and Conditions
Reverb Terms & Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Reverb acts as a venue to allow users who comply with Reverb's policies to offer, sell and buy certain goods within a fixed-price format. Reverb is not directly involved in the transaction between buyers and sellers. As a result, Reverb has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Reverb does not pre-screen users or the content or information provided by users. Reverb cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Reverb does not transfer legal ownership of items from the seller to the buyer. Reverb cannot guarantee the true identity, age, and nationality of a user. Reverb encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that Reverb is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Reverb. You use the Reverb service at your own risk.
2. Membership Eligibility
Age: Reverb's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Reverb may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Reverb's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Reverb's policies as stated in the Agreement and the Reverb policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Reverb, each of which is incorporated herein by reference and each of which may be updated by Reverb from time to time without notice to you: In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Reverb from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Reverb of any unauthorized use of your password or any breach of security. You also agree that Reverb cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Reverb without Reverb's express written permission. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Reverb you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. Account Transfer: You may not transfer or sell your Reverb account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Reverb's services are not available to temporarily or indefinitely suspended Reverb members. Reverb reserves the right, in Reverb's sole discretion, to cancel unconfirmed or inactive accounts. Reverb reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Reverb is free. Reverb does not charge fees to list an item for sale. Reverb does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Reverb's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Reverb's services are effective after Reverb provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Reverb may choose to temporarily change the Fees Policy and the fees for Reverb's services for promotional events (for example, free listing days); such changes are effective when Reverb posts the temporary promotional event on the Site. Reverb may, at Reverb's sole discretion, change some or all of Reverb's services at any time. In the event Reverb introduces a new service, the fees for that service are effective at the launch of the 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, Reverb 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 Reverb. Reverb keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. Fees and Termination: If Reverb terminates a listing or your account, if you close your account, or if the payment of your Reverb fees cannot be completed for any reason, you remain obligated to pay Reverb 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). If you have a question or wish to dispute a charge, contact Reverb. Read about Reverb's Billing Policy
4. Listing and Selling Listing Description:
By listing an item on the Site you warrant that you and all aspects of the item comply with Reverb's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Reverb shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings is prohibited. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Shop Policies: All sellers are urged to outline shop policies for their Reverb shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Reverb's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Reverb reserves the right to request that a seller modify a shop policy. 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. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another user's account without permission. No sales may be carried out via private message as a means to avoid Reverb's sales fee. Any other efforts to move sales initiated on Reverb off-site to avoid fees is strictly prohibited and may result in account suspension.
5. Prohibited, Questionable and Infringing Items and Activities
6. Content License:
7. Information Control
Reverb does not control the Content provided by users that is made available on Reverb. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Reverb, you agree to accept such risks and that Reverb (and Reverb's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Reverb. Please use caution, common sense, and practice safe buying and selling when using Reverb. Other Resources: Reverb is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Reverb does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Reverb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and Reverb, please contact Reverb. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Cook County, Illinois, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Illinois. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Reverb agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release Reverb (and Reverb's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Reverb encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Reverb, for the benefit of users, may try to help users resolve disputes. Reverb does so in Reverb's sole discretion, and Reverb has no obligation to resolve disputes between users or between users and outside parties. To the extent that Reverb attempts to resolve a dispute, Reverb will do so in good faith based solely on Reverb's policies. Reverb will not make judgments regarding legal issues or claims.
9. Reverb's Intellectual Property
Reverb, and other Reverb graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Reverb, Inc. in the U.S. and/or other countries. Reverb's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
Reverb may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Reverb is updated on a real-time basis and is proprietary or is licensed to Reverb by Reverb's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Reverb for any purpose whatsoever, except to the extent expressly permitted by Reverb's with prior express written permission. Additionally, you agree that you will not: Take any action that imposes, or may impose, in Reverb's sole discretion, an unreasonable or disproportionately large load on Reverb's infrastructure Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. Bypass Reverb's robot exclusion headers or other measures Reverb may use to prevent or restrict access to Reverb
13. No Warranty
Reverb, Reverb'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Reverb'S SUPPLIERS PROVIDE Reverb'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Reverb, Reverb'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Reverb'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Reverb SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL Reverb, AND (AS APPLICABLE) Reverb'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Reverb'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Reverb'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Reverb'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Reverb'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Reverb IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD Reverb AND (AS APPLICABLE) Reverb'S PARENT, 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.
16. No Guarantee
Reverb does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Reverb's control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Reverb service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Reverb's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and Reverb are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Reverb Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Illinois, excluding its conflicts of laws rules, and the United States of America.
22. Survival Sections
3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Reverb's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Reverb; Attn: Legal Department; 3323 N Paulina, Chicago, IL 60657 (in the case of Reverb) or, in your case, to the email address you provide to Reverb (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Reverb may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Reverb. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Reverb Inc., located at 3323 N Paulina, Chicago, IL 60657. If you are a Illinois resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Effective Date: December 1, 2012 Updated: December 8,2012