| General Terms and Conditions
The following describes the terms on which GearJack.com, a BigAll Inc. web property offers you access to our services.
Introduction
Welcome to GearJack.com. By using the services available from the domain of www.GearJack.com (the "Site") you are agreeing to the following terms with BigAll Inc..
Before you may become a member of GearJack.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy.
This Agreement is effective on February 1st, 2006 for current users, and upon acceptance for new users.
Using GearJack.com
Auction Policies
Buyer Policy
If you bid on an item and win, it is expected that you pay the sell for that item within 48 hours unless otherwise agreed upon in writing by both parties. If it is found that a buyer does not pay within the 48 hour period, the Seller has the right to report abuse to GearJack.com. GearJack.com will then inquire about the situation and take any necessary actions. GearJack.com reserves the right to remove Buyers who abuse our policies and do not pay within required timeframe.
Seller Policy
GearJack.com is a musicians related web site. As such, all items listed on GearJack.com must be related to musical instrument equipment, accessories and musicians. We reserve the right to remove any listing that does not fit the theme of GearJack.com.
Sellers must provide a listing for a specific product which can be purchased by a buyer directly from the seller. Sellers must provide an accurate description of the products for sale and any associated costs such as shipping. Sellers may post hyperlinks that provide additional information directly related to the listing. If the link is to a general web page not directly related to the listed item, it will not be considered in accordance with our terms and may result in the removal of the hyperlink and/or the listing. For example, do not link to your “store” or general web site, but do link to a manufacturer web site with specific product information. Sellers must ship the item 48 from the time they receive payment unless otherwise agreed upon by both parties in writing. Failure to abide by these terms and conditions could lead to permanent removal from GearJack.com.
Musicians Wanted Classifieds
The Musicians Wanted Classifieds section is free to post. You may not post merchandise on the classifieds section. You must use the auction section to sell products nad services. Do not submit multiple ads which are duplicates. These will be removed. You must provide either an email address or phone number so that users may contact you.
Don't Do Any of the Following at Anytime on GearJack.com:
- post content or items in an inappropriate category or areas on the Site; violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
- manipulate the price of any item or interfere with other user's listings
circumvent or manipulate our fee structure, the billing process, or fees owed to BigAll Inc.
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
- take any action that may undermine the feedback or ratings systems
transfer your GearJack.com account (including feedback) and User ID to another party without our consent
- distribute or post spam, chain letters, or pyramid schemes
- distribute viruses or any other technologies that may harm GearJack.com, or the interests or property of GearJack.com users
- copy, modify, or distribute content from the Site and GearJack.com’s copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Outages
GearJack.com makes every effort to avoid any outages in service. However, certain situations may be beyond our control which could cause system downtime. If this occurs, we can not be held responsible. However, we will make every effort to accommodate buyers and sellers.
Abusing GearJack.com
Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Joining GearJack.com and bidding on listed items is free. We reserve the right to charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least seven days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes retaining collection agencies and legal counsel)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
You will not hold BigAll Inc.responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy misuc related merchandise, at anytime, from anywhere, in a variety of pricing formats and venues, such as fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to BigAll Inc by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BigAll Inc. and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the GearJack.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the GearJack.com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and BigAll Inc, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BigAll Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider all reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida and the United States of America. You agree to submit to the personal jurisdiction of the courts located within Manatee County, Florida for the purpose of litigating all such claims or disputes.
Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
General
BigAll Inc., is located at 705 9th East Bradenton FL 34206
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. |
MEMBERS AREA [