These Terms of Service (the “Terms”) are an agreement between you and Music Merch Marketplace LLC (“Music Merch Marketplace”, “we”, “us”) covering the website at musicmerchmarketplace.com, the M³ Price Index, Appraise, collection and want-list tools, and any other service we operate that links to these Terms (together, the “Service”). By using the Service you agree to them. If you do not agree, do not use the Service.
Our Privacy Policy, Affiliate Disclosure, Valuation Disclaimer, and DMCA Policy are part of these Terms.
1. Who can use the Service
You must be at least 13 years old to use the Service or create an account. If you are under 18, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf. By using the Service you represent that you meet these requirements and that you are not barred from using it under any applicable law.
2. What the Service is, and is not
Music Merch Marketplace is a reference and discovery service for music merchandise. We collect listings, sales, and event data from third-party marketplaces, artist stores, and public sources, organize them into a catalog, compute price indexes and estimates, and let you keep track of what you own and what you are looking for.
- We are not a party to any sale. Buy links lead to eBay, Discogs, artists’ own stores, ticket sellers, and other third parties. Any purchase you make happens on their site, under their terms and buyer protections, with the seller. We do not sell items, hold inventory, process payments, ship anything, or handle returns, and we cannot resolve disputes between you and a seller.
- We do not verify individual items. Officiality and authenticity labels, condition, and price information are derived automatically from marketplace evidence and describe the market for an item, not any specific piece. Confirm anything that matters with the seller before buying.
- Estimates are information, not offers. See the Valuation Disclaimer, which applies to every price, range, index, and estimate on the Service.
- Some links pay us. We participate in the eBay Partner Network and other partner programs. See the Affiliate Disclosure.
3. Accounts
You can browse most of the Service without an account. To use Appraise history, your collection, want lists, and similar features, you need one. You agree to give accurate information, keep your password secure, and tell us promptly at legal@musicmerchmarketplace.com if you believe your account has been accessed without permission. You are responsible for activity under your account. One person per account; do not transfer or sell an account.
4. Your content
“Your Content” means anything you submit to the Service: photos you upload to Appraise, your collection, or a want list; titles, descriptions, notes, prices, and other details about items; item identifications and corrections you provide after an appraisal; and profile information. You keep whatever ownership rights you have in Your Content.
4.1 License to operate the Service
So that we can run the Service, you grant Music Merch Marketplace LLC a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, resize, crop, format, analyze, transmit, and display Your Content, and to create derived data from it (such as embeddings, labels, and matches), for the purpose of providing, maintaining, securing, and improving the Service.
4.2 License to build the catalog
Music Merch Marketplace maintains a master catalog of music merchandise: a reference record of the items that exist, what they look like, how they vary by edition, and what they have sold for. Your Content is one of the ways that catalog gets better. By submitting photos and item details, you additionally grant Music Merch Marketplace LLC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to:
- use your photos and item details to identify, describe, categorize, and price items in the catalog, including as reference images for a catalog entry;
- use them, and the identifications and corrections you provide, to train, evaluate, and improve the image matching, identification, and pricing systems behind the Service;
- display catalog entries built with the help of Your Content to other users and the public, without attribution to you, as part of the catalog, the M³ Price Index, Appraise results, and similar features; and
- keep and continue using derived data and catalog entries after you delete an item or your account, provided they no longer identify you personally.
This catalog license does not cover your profile information, your private notes and purchase prices, or the fact that a particular item belongs to you. We will not present a photo as a catalog reference image if it visibly includes a person, a document, or other personal detail; crop such things out before uploading, or contact us to have an image removed.
4.3 Public by default
Items you add to your collection are marked public unless you change the setting, and photos you upload to your collection or a want list are stored at web addresses that anyone with the link can open, even when the item itself is private. Do not upload photos or details you would not want to be seen by others. See the Privacy Policy for how this works.
4.4 What you promise about Your Content
You represent that you have the rights needed to submit Your Content and grant the licenses above, and that it does not infringe or misappropriate anyone else’s rights, is not unlawful, and does not contain malicious code. We may remove or refuse any content at our discretion, and we handle copyright complaints under our DMCA Policy.
5. Acceptable use
Do not:
- scrape, crawl, or bulk-download the catalog, price data, or user content, or use automated tools to access the Service beyond ordinary browsing, except through interfaces we expressly make available;
- reproduce or resell the catalog, the M³ Price Index, or estimates as a data product or a competing service;
- upload content that is infringing, defamatory, obscene, deceptive, or that you do not have the right to share, or that contains other people’s personal information;
- use the Service to advertise, spam, or run a scheme, or misrepresent an item’s authenticity, condition, or provenance;
- interfere with the Service, probe or bypass its security, or access accounts or data that are not yours;
- impersonate any person, artist, label, festival, brand, or seller, or suggest an affiliation you do not have.
6. Third-party sites, marketplaces, and sellers
The Service links to and displays information from sites we do not control. We are not responsible for their content, availability, terms, privacy practices, or the conduct of any seller. Listing details, images, prices, and seller information are shown as the source published them and may be out of date or wrong. Artist, label, festival, marketplace, and brand names and marks belong to their owners and are used to describe items; nothing on the Service implies their sponsorship or endorsement.
7. Our intellectual property
The Service, including the catalog structure, the M³ Price Index, Appraise, our software, design, text, and trademarks, is owned by Music Merch Marketplace LLC or its licensors and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial reference. Any feedback you send us may be used without obligation to you.
8. Disclaimer of warranties
THE SERVICE, THE CATALOG, ALL PRICES, INDEXES, ESTIMATES, AUTHENTICITY AND OFFICIALITY LABELS, AND ALL OTHER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT ANY ESTIMATE REFLECTS WHAT AN ITEM WILL SELL FOR, THAT ANY ITEM IS GENUINE, OR THAT ANY LISTING IS ACCURATE OR STILL AVAILABLE. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Music Merch Marketplace LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PURCHASE VALUE, ARISING FROM OR RELATED TO THE SERVICE, ANY ESTIMATE OR LABEL, OR ANY PURCHASE, SALE, OR DEALING WITH A THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.
10. Indemnity
You agree to defend, indemnify, and hold harmless Music Merch Marketplace LLC and the people listed above from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, your dealings with any seller or third party, or your breach of these Terms.
11. Termination
You can close your account at any time from your account settings, which deletes your collection, want lists, likes, saved items, and watchlist as described in the Privacy Policy. We may suspend or terminate your access, or remove content, at any time and for any reason, including breach of these Terms, repeat copyright infringement, or inactivity, with or without notice. Sections 4.2 and 6 through 14 survive termination.
12. Changes to the Service and these Terms
The Service changes often, and we may add, alter, or discontinue any part of it. We may update these Terms; when we do, we will change the effective date at the top of this page and, for material changes, give notice on the Service or by email where we have one. Continuing to use the Service after a change means you accept the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at legal@musicmerchmarketplace.com and try in good faith to resolve the dispute informally for at least thirty days. Any claim must be brought individually and not as part of a class or representative action, to the extent the law allows.
14. General
These Terms and the policies they incorporate are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us go to legal@musicmerchmarketplace.com.