1. STRUM NATION is a Marketplace/Social Platform
(A) Age: Strum Nations is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, Reverb's services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Strum Nations 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 Strum Nations'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 all such cases, the adult is the User and is responsible for any and all activities.
(C) Password: Your password is your responsibility. 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 Strum Nation 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. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than Strum Nation without Strum Nation's express written permission.
(D) 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 Strum Nation you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid PayPal account.
(E) Account Transfer: You may not transfer or sell your Strum Nation 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.
(F) Right to Refuse Service: ACCESS TO STRUM NATION'S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT STRUM NATION'S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS STRUM NATION'S SITE. Strum Nation will terminate any user who it determines is providing services competitive to Strum Nation through the Site. Strum Nation services, and all accesses to the Site, are not available to temporarily or indefinitely suspended Strum Nation members. Additionally, Strum Nation reserves the right, in Strum Nation's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up an account on Strum Nation is free. Strum Nation does not charge fees to list an item for sale. Strum Nation 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. Strum Nation's Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for Strum Nation's services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. Strum Nation may also choose to temporarily change the Billing Policy and the fees for Strum Nations services for promotional events (for example, free listing days); such changes are effective when Strum Nation posts the temporary promotional event on the Site or otherwise notifies you of the change.
Fees and Termination: If Strum Nation terminates a listing or your account, if you close your account, or if the payment of your Strum Nation fees cannot be completed for any reason, you remain obligated to pay Strum Nation 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). YOU HEREBY EXPRESSLY AGREE THAT REVERB MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST REVERB FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact Strum Nation
4. Content License
(A) Your Content: Strum Nation does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant Strum Nation a license solely to enable Strum Nation to use any information or Content you supply Strum Nation with, so that Strum Nation is not violating any rights you might have in that Content. You grant Strum Nation a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate Strum Nation's ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Strum Nation to store or re-format your Content on Strum Nation and display your Content on Strum Nation in any way as Strum Nation chooses. Strum Nation can also use any transactional information including sale date and final price for sales completed on Strum Nation as it sees fit.
(C) Re-Posting Content: By posting Content on Strum Nation, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold Strum Nation harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own Strum Nation-hosted image on another website, the image must provide a link back to its listing page on Strum Nation.
(D) Idea Submissions: Strum Nation considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Strum Nation shall not be liable for the disclosure or use of such Material. If, at Strum Nation's request, any member sends Material to improve the site (for example through the Forums or to customer support), Strum Nation will also consider that Material to be non-confidential and non-proprietary and Strum Nation will not be liable for use or disclosure of the Material. Any communication by you to Strum Nation is subject to this Agreement. You hereby grant and agree to grant Reverb, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. Information Control
Reverb does not control the Content provided by users that is made available on Strum Nation. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Strum Nation users must be eighteen or over, but there are 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 Strum Nation, you agree to accept such risks and expressly agree that Strum Nation (and Strum Nation's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Strum Nation. Please use caution, common sense, and practice safe buying and selling when using Strum Nation.
Other Resources: Strum Nation is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Strum Nation 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 Strum Nation 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.
6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue
(A) JAMS: In the event a dispute arises between you and Reverb, please contact Strum Nation. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York, New York, 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.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.
(C) Enforcement of Arbitration Judgment: 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.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in New York, New York. 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.
(E) Limitations Period: You and Strum Nation agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE STRUM NATION (AND STRUM NATION'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. Strum Nation encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Strum Nation, for the benefit of users, may try to help users resolve disputes. Strum Nation does so in Strum Nation's sole discretion, and Strum Nation has no obligation to resolve disputes between users or between users and outside parties. To the extent that Strum Nation attempts to resolve a dispute, Strum Nation will do so in good faith based solely on Strum Nation's policies. IN THE EVENT STRUM NATION INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE STRUM NATION (AND STRUM NATION'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 THE DISPUTE.
For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.
(G) Feedback: STRUM NATION WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF REVERB POLICIES AS DETERMINED BY REVERB IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.
(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE STRUM NATION (AND STRUM NATION'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 THE SITE, SERVICES OR YOUR USE OF THE SAME.
7. Financing Vendors
From time to time Strum Nation may offer financing options and alternative through third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of Strum Nation and Strum Nation is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against Strum Nation that arise out of your use of, or the services of, any Financing Vendors.
8. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with Strum Nation and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from Strum Nation. You hereby expressly consent to communications of any kind from Strum Nation to the fullest extent permissible by law.
9. Strum Nation's Intellectual Property
Strum Nation, and other Strum Nation graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Strum Nation or its affiliated companies in the U.S. and/or other countries. Strum Nation's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Strum Nation.
10. Access and Interference
Strum Nation may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Strum Nation is updated on a real-time basis and is proprietary or is licensed to Strum Nation by Strum Nation'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 Strum Nation'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 Strum Nation's infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Reverb's robot exclusion headers or other measures Strum Nation may use to prevent or restrict access to Strum Nation.
12. No Warranty
STRUM NATION 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 SITE AND 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 SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.
STRUM NATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE STRUM NATION'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. STRUM NATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY 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 JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT SHALL STRUM NATION, AND (AS APPLICABLE) STRUM NATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND 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. STRUM NATION'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF STRUM NATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS 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 STRUM NATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. CITES and Claims Release
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement intended to limit cross-border trade in endangered plants, woods and wildlife. Among the endangered species included in CITES are all forms of Rosewood including, but not limited to, Brazilian Rosewood, Panamanian Rosewood, Black Rosewood, African Rosewood and Honduran Rosewood. For years, Rosewood has been used to manufacture musical instruments dictating that the cross-border transfer of musical instruments containing even limited amounts of Rosewood may be subject to the prohibitions set forth in CITES. Accordingly, by selling and shipping an instrument internationally, you acknowledge that Strum Nation has informed you of the potential prohibitions set forth in CITES. AS SUCH, YOU AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS, INCLUDING FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES. YOU AGREE THAT YOUR HAVE CAREFULLY READ THIS PROVISION AND HEREBY RELEASE ANY AND ALL CLAIMS AGAINST STRUM NATION RELATED TO FINANCIAL LOSS, INJURY, DAMAGE, DESTRUCTION OR CONFISCATION OF YOUR PROPERTY DUE TO VIOLATIONS OF CITES AND AGREED TO HOLD REVERB AND ITS OFFICERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY SUCH CLAIMS. YOU ACKNOWLEDGE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AGAINST STRUMNATION.COM WITH RESPECT TO CLAIMS ASSOCIATED WITH CITES.
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.
16. No Guarantee of Continuous Service
Strum Nation does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside Strum Nation's control.
17. Copyright Policy & Intellectual Property Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact Reverb's DMCA agent who can be located here.
18. Trademarks for Modified Instruments
Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but Strum Nation will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).
19. Proposition 65 - California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all Reverb users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on Reverb. You agree to indemnify and hold Reverb harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.
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.
21. 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.
22. Modification of Service or Terms and Policies
23. 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.
24. Sanctioned Countries and Endangered Species
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
The services hereunder are offered by StrumNation.com, LLC.