Terms and Conditions
TERMS AND CONDITIONS
MusicGoldmine® is a registered trademark. All rights reserved. All content on this website ©2018-21. In addition to these Terms and Conditions, see Shipping, Refund and Privacy Policies which also apply to MusicGoldmine.com visitors and product buyers.
MusicGoldmine® (hereinafter "Online Shop," "MusicGoldmine" or "MusicGoldmine.com") attempts to be as accurate as possible in its descriptions of items for sale and all efforts are made to include detailed photos and information. We also endeavor to be completely clear in our item descriptions, indicating, for example, when an item contains an authentic original ticket versus a reprint or replica of that ticket. However, Online Shop does not warrant that product descriptions or other content of any Online Shop item description are always error-free. Please make your own assessment of an item's condition, genuineness, and details through your own review of the information and images presented before making a decision to buy.
If you have a question on any item, we are happy to answer your query to the best of our ability, but given the nature of the items we sell we cannot always know the origin, date(s) or place(s) signed, provenance, history, genuineness, complete condition information on hidden components of an item, etc. Also note that while many memorabilia items appreciate in value, others fall in value and Online Shop makes no claims, express or implied, that any item will appreciate in value at any time in the future. Further, our items are sold as collectible pieces and there is no guarantee that any item purchased can be resold in any other marketplace of any kind (online, auction, physical store or other).
If you receive an item from Online Shop that is not the item you ordered, your sole remedy is to return it in the same condition as received so that we may send you the correct item or, alternatively if for some reason the item you ordered is not available, issue you a full refund.
MusicGoldmine reserves the right to refuse service to any customer for any reason, in its sole discretion, with the caveat that MusicGoldmine shall not deny service to someone solely based on his or her age, race, color, religion, national origin, disability, sexual orientation or other protected class. Refunds on cancelled orders may have payment processing fees, a 10% restocking fee, or both subtracted from any refund due, except in cases in which the item is not actually available due to an error by Online Shop.
A cornerstone of our business is to offer one-of-a-kind, authentic music memorabilia. For this reason the vast majority of our signed/autographed items come with a third party Certificate of Authenticity or Letter of Authenticity (hereinafter "COA/LOA"). In our item descriptions we clearly indicate when an item comes with a COA/LOA and when it does not. By "third party" we mean that the COA/LOAs provided with our items are only from authentication companies not affiliated with us. The COA/LOAs we provide come from top tier, industry-recognized authentication companies. Note however that the existence of the certification of authenticity provided does not necessarily imply that the item will be certified by other rival authentication companies. The COA/LOA accompanying the item is the only proof of authenticity that Online Shop will provide. See also our MusicGoldmine Authenticity Guarantee, which applies as stated therein.
With respect to items sold by Online Shop, we cannot confirm the price of an item until you order. At times, it is possible that items in our catalog may be mispriced. If the correct price of an item sold by Online Shop is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation and correct price. We generally do not charge your credit card until after your order has entered the shipping process.
If a "Make An Offer" button appears on an item page, you may choose to make an offer for the item. Online Shop is under no obligation to accept any offer submitted but we will promptly reply to you as to whether we will accept your offer within 24 hours and usually much less. The price made available through either acceptance of an offer or through a counteroffer will be available for 48 hours from the time of acceptance or alternate length of time period as specified but note that neither making an offer nor receiving a counteroffer on an offer placed holds the item. Items with pending offers or counteroffers remain for sale on our website until they are paid for through the completion of a purchase transaction. In other words, they must be fully paid for in order for them to be considered sold and removed from available inventory. Generally, we only accept offers on items on which we display an offer button. However, you can always inquire via our email at firstname.lastname@example.org if you would like to make an offer on an item with no offer button displayed.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ONLINE SHOP PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR ONLINE SHOP ARE PROVIDED BY ONLINE SHOP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ONLINE SHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR ONLINE SHOP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ONLINE SHOP, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF ONLINE SHOP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ONLINE SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONLINE SHOP DOES NOT WARRANT THAT ONLINE SHOP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ONLINE SHOP, ONLINE SHOP'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ONLINE SHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ONLINE SHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ONLINE SHOP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ONLINE SHOP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Online Shop service or product, or to any products or services sold or distributed by Online Shop will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: MusicGoldmine.com, 10300 W. Charleston Blvd., Suite 13-60, Las Vegas, NV 89135. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Online Shop will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting, browsing and/or purchasing any product or products at Online Shop, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Online Shop.
All content on this website copyright ©2018-21 MusicGoldmine.com. All rights reserved. Note, however, that all content viewed on or streamed from third party sites or applications (which includes all the videos and associated images on this site) is controlled and owned by third parties.
TERMS OF SERVICE
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MusicGoldmine.com, acceptance is expressly limited to these terms.
Responsibility of Contributors. If you comment on a blog posting or other section of the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (hereinafter any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your Content will not cause advertising via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your Content is not identified or created in such a manner that it misleads viewers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MusicGoldmine.com or otherwise.
By submitting Content, including comments, reviews, questions, photos or any other content, to MusicGoldmine.com for inclusion on its Website, you grant MusicGoldmine.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting its Content and Website. If you delete Content, MusicGoldmine.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MusicGoldmine.com has the right (though not the obligation) to, in MusicGoldmine.com’s sole discretion (i) refuse or remove any content that, in MusicGoldmine.com’s reasonable opinion, violates any MusicGoldmine.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MusicGoldmine.com’s sole discretion.
Responsibility of Website Visitors. MusicGoldmine.com is not responsible for site visitors use of material viewed or streamed from third party sites. In addition, MusicGoldmine.com has not reviewed, and cannot review, all of the material, including but not limited to the products and services advertised, banner advertisements and links from advertisers, sponsors and content partners, links to other content, computer software, or other material posted to the Website, and cannot therefore be responsible for product or service effectiveness, operation or usefulness or any material’s content, use or effects. By operating the Website, MusicGoldmine.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MusicGoldmine.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including but not limited to files and/or computer software, made available through the websites and webpages to which MusicGoldmine.com links, and that link to MusicGoldmine.com. MusicGoldmine.com does not have any control over those non-MusicGoldmine.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-MusicGoldmine.com website or webpage, MusicGoldmine.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MusicGoldmine.com disclaims any responsibility for any harm resulting from your use of non-MusicGoldmine.com websites and webpages.
Copyright Infringement and DMCA Policy. As MusicGoldmine.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MusicGoldmine.com violates your copyright, you are encouraged to notify MusicGoldmine.com in accordance with MusicGoldmine.com’s Digital Millennium Copyright Act (“DMCA”) Policy. MusicGoldmine.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MusicGoldmine.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MusicGoldmine.com or others. In the case of such termination, MusicGoldmine.com will have no obligation to provide a refund of any amounts previously paid to MusicGoldmine.com, if any.
Intellectual Property. This Agreement does not transfer from MusicGoldmine.com to you any MusicGoldmine.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MusicGoldmine.com. MusicGoldmine.com, the MusicGoldmine.com logo, and any and all other trademarks, service marks, graphics and logos used in connection with MusicGoldmine.com, or the Website are trademarks or registered trademarks of MusicGoldmine.com or MusicGoldmine.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MusicGoldmine.com or third-party trademarks.
Changes. MusicGoldmine.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MusicGoldmine.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. MusicGoldmine.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MusicGoldmine.com registration account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. MusicGoldmine.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MusicGoldmine.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will MusicGoldmine.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. MusicGoldmine.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless MusicGoldmine.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between MusicGoldmine.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MusicGoldmine.com, or by the posting by MusicGoldmine.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clark County, Nevada, USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MusicGoldmine.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, PayPal™ information, etc., email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We also may use the device information in an advertising or retargeting campaign.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by contacting these advertisers we use at times:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us using the information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18 or such other age deemed legal by your country of residence to view the content and/or make purchases from the Site.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us at email@example.com or by mail using the details provided below:
MusicGoldmine.com, 10300 W. Charleston Blvd., Suite 13-60, Las Vegas, NV 89135, United States
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
The website MusicGoldmine.com is owned and operated by MusicGoldmine.com (hereinafter “MusicGoldmine.com” or "Website"). If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) containing the information described below to the designated agent listed below. If MusicGoldmine.com takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to MusicGoldmine.com.
Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
Please be advised that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Send your complaint via email to MusicGoldmine.com via the following email: firstname.lastname@example.org
Your complaint must include the following:
•A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
•An identification of the copyright claimed to have been infringed;
•A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit MusicGoldmine.com to find and positively identify that content; for example we require a link to the specific website page (not just the name of the website) that contains the content and a description of which specific portion of the content on the webpage – an image, a link, the text, etc. – your complaint refers to;
•Your name, address, telephone number and email address; and
•A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.