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User Agreement
Table of Contents:
This Agreement is a contract
between you and eRiddims and applies to your use of the eRiddims service. You
must read, agree with and accept all of the terms and conditions contained in this
Agreement. We may amend this Agreement at any time by posting a revised version
on our website. The revised version will be effective at the time we post it.
1. Our Relationship with You
- eRiddims
functions primarily as a Service Provider. eRiddims helps you buy and sell music
from third parties. eRiddims uses PayPal to handle financial transactions between
Buyers and Sellers. eRiddims is an independent contractor for all purposes and
does not have control of or liability for the products or services purchased on
our site. We do not guarantee the identity of any User or ensure that a Buyer or
a Seller will complete a transaction.
- Protecting your privacy is very
important to eRiddims. Please review our Privacy Policy in order to better understand
our commitment to maintaining your privacy, as well as our use and disclosure of
your Information.
- If you receive Information about
another eRiddims User through the Service, you must keep the Information confidential
and only use it in connection with the Service. You may not disclose or distribute
a eRiddims User's Information to a third party or use the Information for marketing
purposes unless you receive the User's express consent to do so.
- "eRiddims.com,"
"eRiddims," and all related logos, products and services described in our website
are either trademarks or registered trademarks of eRiddims or its licensors. You
may not copy, imitate or use them without eRiddims' prior written consent.
- You may not transfer or assign
any rights or obligations you have under this Agreement without eRiddims' prior
written consent. eRiddims reserves the right to transfer or assign this Agreement
or any right or obligation under this Agreement at any time.
- Disputes
with eRiddims that cannot be resolved by electronic communication methods must
be sent by postal mail to: eRiddims.com, Attention: Legal Department, P.O. Box 55223, Atlanta, GA 30308.
2. Eligibility and Types of
Accounts
-
To be eligible for our Services, you must be at least 18 years old and a resident
of the United States or one of the countries listed on the PayPal WorldWide page
(https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside).
- We offer three different types of Accounts: "Artist", "Producer" and "Both
Artist & Producer" Accounts. You must select your account type during registration.
Artist accounts are for artists or persons who will be primarily functioning as
Buyers. Producer accounts are for producers or persons who will be primarily functioning
as Sellers. Those who expect to do both buying and selling, should select the "Both
Artist & Producer" account type.
-
By using the eRiddims service, you authorize eRiddims, directly or
through third parties (usually PayPal), to make any inquiries they consider necessary
to validate your identity. This may include asking you for further information,
requiring you to take steps to confirm ownership of your email address or financial
instruments, ordering a credit report and verifying your Information against third
party databases or through other sources. For more information, see the PayPal
User Agreement (http://www.paypal.com/cgi-bin/webscr?cmd=xpt/ua/USUA-outside).
3. Closing Your Account
- You may permanently close your Account at any time by logging in to your
Account and clicking the "Close Account" link on the Member Account page. Upon Account
closure, we will cancel any pending transactions. You must withdraw your Balance
prior to closing your Account. If your account has less than the required minimum
amount to withdraw, the administrator will transfer your Balance to your PayPal
account after your account has been closed.
- You may not close
your Account to evade an investigation. If you attempt to close your Account while
we are conducting an investigation, we may hold your funds for up to 180 Days to
protect eRiddims or a third party against the risk of Reversals, Chargebacks, Claims,
fees, fines, penalties and other liability. You will remain liable for all obligations
related to your Account even after the Account is closed.
-
If you do not log in to your Account for two or more years, eRiddims may close
your Account and send the Balance to your personal address. If eRiddims does not
close your Account and the Account remains dormant, or if eRiddims does close your
Account but your personal address is incorrect, eRiddims may be required to escheat
your Balance to your state of residency. eRiddims will determine your residency
based on the state listed in your primary address. If your address is unknown or
registered as a foreign country, your funds will be escheated to the state of Delaware.
Where applicable, eRiddims will send you a notice prior to escheating or closing
your Account. If you fail to respond to this notice, your Balance will be escheated
to the state. If you would like to claim your funds from the state, please contact
your states Unclaimed Property Administrator.
4. Fees
Per transaction fees for U.S.
Sellers are as follows (Buyers pay no fees, only the purchase price of the item):
Flat $5 fee plus 9% of the purchase price
For example, if a Buyer purchases your beat for $100, the Buyer pays exactly $100 including
all taxes, etc. The Seller will receive $100 minus the eRiddims commission
(which is $14 in this case), or $86 deposited into his/her PayPal account upon request.
5. Restricted Activities
In connection with
your use of eRiddims.com, your Account, or the Services, or in the course of your
interactions with PayPal, a User or a third party, you will not:
- Breach this Agreement
or the PayPal User Agreement
- Violate any law, statute, ordinance, or regulation (for example, those
governing financial services, intellectual property, copyright infringement, consumer
protections, unfair competition, anti-discrimination or false advertising);
- Infringe eRiddims
or any third party's copyright, patent, trademark, trade secret or other intellectual
property rights, or rights of publicity or privacy;
- Act in a manner
that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Provide false,
inaccurate or misleading Information;
- Refuse to cooperate
in an investigation or provide confirmation of your identity or any Information
you provide to us;
- Attempt to "double
dip" during the course of a dispute by receiving or attempting to receive funds
from both eRiddims and PayPal, bank, or credit card company for the same transaction;
- Use an anonymizing
proxy;
- Control an Account
that has engaged in any of these Restricted Activities. We may use evidence other
than the Account Information to determine whether you control an Account in someone
else's name, including but not limited to Internet Protocol addresses, common business
names, user IDs, phone numbers, and mailing addresses;
- Conduct your business
or use the Services in a manner that results in or may result in complaints, Disputes,
Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to eRiddims,
a User, a third party or you;
- Have a credit score
from a credit reporting agency that indicates a high level of risk associated with
your use of the Services;
- Use your Account
or the Services in a manner that eRiddims, PayPal, MasterCard, American Express
or Discover reasonably believe to be an abuse of the credit card system or a violation
of credit card association rules;
- Allow your Account
to have a negative Balance;
- Access the Services
from a country that is not included on PayPal's permitted countries list.
- Disclose or distribute another User's Information to a third party, or
use the Information for marketing purposes unless you receive the User's express
consent to do so;
- Send unsolicited
email to a User or use the Services to collect payments for sending, or assisting
in sending, unsolicited email to third parties;
- Take any action
that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any
viruses, Trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or Information;
- Use any robot,
spider, other automatic device, or manual process to monitor or copy our website
without our prior written permission;
- Use any device,
software or routine to bypass our robot exclusion headers, or interfere or attempt
to interfere, with our website or the Services;
- Take any action that may cause us to lose any of the services from our
internet service providers, payment processors, or other suppliers;
- Use the Service
to test credit card behaviors.
6. Your Responsibilities, Our Actions
- You are responsible for all Reversals, Chargebacks, Claims, fees, fines,
penalties and other liability incurred by eRiddims, a eRiddims User, or a third
party caused by or arising out of your breach of this Agreement, and/or your use
of the Services. You agree to reimburse eRiddims, a User, or a third party for
any and all such liability.
- If you engage in
any Restricted Activities, we may take various actions to protect eRiddims, eBay,
a User, a third party, or you from Reversals, Chargebacks, Claims, fees, fines,
penalties and any other liability. The actions we may take include but are not limited
to the following:
- We may close, suspend,
or limit your access to your Account or the Services (such as limiting your ability
to make withdrawals);
- We may contact
Buyers who have purchased from you, warn other eRiddims Users, PayPal, , law enforcement,
or impacted third parties of your actions;
- We may update inaccurate
Information you provided us;
- We may refuse to
provide our Services to you in the future;
- We may hold your
funds for up to 180 Days if reasonably needed to protect against the risk of liability;
and
- We may take legal
action against you.
eRiddims,
in its sole discretion, reserves the right to terminate this Agreement, access to
its website, or access to the Service for any reason and at any time upon notice
to you and payment to you of any unrestricted funds held in custody for you.
7. Disputes
- Buyers - If you buy an item using eRiddims and either do not receive the
item (unable to download it) or receive an item that you believe is significantly
not as described by the Seller, we encourage you to file a Dispute. To do so, you
must click on the link provided in the purchase confirmation email. You may also
do so by sending a Private Message to the eRiddims administrator. To be eligible
for a full refund, you MUST open a Dispute within 48 hours of making your purchase.
eRiddims prevents the Seller from collecting the profits for 48 hours to allow
Buyers enough time to download the item and file a dispute, if necessary. The eRiddims
administrator will begin an investigation within 24 hours. Investigations typically
take from 2-4 days to resolve.
- Sellers - If a
Buyer files a Dispute against you, if necessary, the eRiddims administrator will
contact you to gather information and to resolve the dispute. Proceeds from the
sale (your earnings) will be temporarily frozen during the investigation period.
If the fault does not lie with you, eRiddims will promptly unfreeze the disputed
funds and release them to you. If you are at fault, eRiddims will refund the Buyer's
money in full. eRiddims reserves the right to enforce disciplinary action (including
account termination) against Sellers repeatedly found to be at fault.
- Disputes with eRiddims
- If an issue arises between you and eRiddims, our goal is to learn about and address
your concerns quickly and to your satisfaction. You may file a Complaint by sending
a Private Message to the eRiddims administrator. Be sure to include as many relevant
details as possible in your message. Customer Service will launch an investigation
within 24 hours. Investigations typically take from 2-4 days to resolve.
-
Law and Forum for Disputes - Except as otherwise agreed by the parties, you agree
that any claim or dispute you may have against eRiddims must be resolved by a court
located in Washington, DC. You agree to submit to the personal jurisdiction of the
courts located within Washington, DC for the purpose of litigating all such claims
or disputes. This Agreement shall be governed in all respects by the laws of the
District of Columbia, without regard to conflict of law provisions.
8.
Legal
-
Liability Limitations - IN NO EVENT SHALL WE, OUR PARENT, EMPLOYEES OR OUR SUPPLIERS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). 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. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL
AMOUNT OF DIRECT DAMAGES.
- No Warranty - eRiddims,
OUR PARENT, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. eRiddims, OUR PARENT,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. eRiddims
does not have any control over the products or services that are paid for with our
Service and eRiddims cannot ensure that a Buyer or a Seller you are dealing with
will actually complete the transaction. eRiddims does not guarantee continuous,
uninterrupted or secure access to our Service, and operation of our site may be
interfered with by numerous factors outside of our control. eRiddims will make
reasonable efforts to ensure that requests for payment are processed in a timely
manner but eRiddims makes no representations or warranties regarding the amount
of time needed to complete processing because our Service is dependent upon many
factors outside of our control, such as delays in PayPal, the banking system or
the U.S. or international mail service.
- Indemnification
- You agree to defend, indemnify and hold eRiddims, its parent, officers, directors
and employees harmless from any claim or demand (including attorneys' fees) made
or incurred by any third party due to or arising out of your breach of this Agreement
and/or your use of the Services.
- Complete Agreement
- This Agreement in addition to the Terms & Conditions and Privacy Policy, set
forth the entire understanding between you and eRiddims with respect to the Service.
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
Last Updated: October 27, 2008
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