The Terms & Conditions detailed below specifically relate to buying and selling in the KVR Marketplace section (https://www.kvraudio.com/marketplace/) of the KVR Audio website. They must be agreed to before checkout (as a Buyer) and/or before offering a product for sale (as a Seller). They do not apply to a KVR Member's use of other areas of the KVR Audio website such as the KVR Forum.
KVR Marketplace Terms & Conditions
KVR reserves the right to modify the Agreement or any other policies at any time. Notice will be provided of any modification of the Agreement and will be posted on the Site. Continued use of the Site constitutes agreement with the modifications to the Agreement. Changes to Site policies and guidelines may be posted without notice. If you do not agree to the terms of the Agreement, or to modifications of the Agreement, you must discontinue use of the Services and the Site.
Introduction: The KVR Marketplace allows users of the Site to list their products for sale ("Sellers") and for other users of the Site to purchase products ("Buyers") from Sellers through a centralized and secure website. KVR acts as a neutral third party to complete the transaction between Buyers and Sellers, but does not make any sort of guarantee as to the quality of any products listed by Sellers. Both Buyers and Sellers use the Site and the Services at their own risk.
Eligibility: Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name and a valid e-mail address. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; and (c) any information provided or made available by you or your affiliates to KVR is at all times accurate and complete.
Guidelines and Policies: You agree to abide by all policies and guidelines listed on the Site. These policies describe accepted conduct and prohibited conduct. You understand that a violation of any of these guidelines or policies can lead to warnings and ultimately a termination of your registration.
Non-interference: The Services offered by KVR help both Buyers and Sellers find what they are looking for and to find products and customers which would otherwise not be found. Continued access of the Site and the Services indicates that you agree to the following: (a) you will not encourage any other user to use third-party services or websites which are in competition with KVR; (b) you will not use the Site to find a Buyer or Seller and then complete a transaction independent of the Site or Services in order to circumvent any fees related to the Services; or (c) otherwise interfere with product listings.
Seller Terms: Detailed information is provided in the Seller Policy, and Sellers making use of the Services through continued use of the Site agree to be bound by the terms of the Seller Policy. You also agree that it is Sellers' responsibility to determine applicable taxes and collect, report, and send the correct amounts to the appropriate tax authority. KVR is not obligated to determine whether taxes apply to the sale.
Buyer Terms: Buyers are governed by the Agreement and any applicable policies and guidelines. Buyers agree that the transaction is complete once payment has been submitted and the product key has been received. Buyers further agreed that once the transaction is complete, all problems, disputes, or issues should be brought to the attention of the Seller directly and that KVR is under no obligation to provide support for any and all issues arising from use of the product from the Seller. Buyers agree that you are responsible for fully researching and understanding the product being purchased and that KVR makes no representations as to the quality or utility of any product listed on the Site.
Returns and Refunds: All sales are final and non-refundable.
Compliance with Law: You agree that the Site and Services are to be used only for lawful purposes. You agree to comply with all applicable laws, statutes, and regulations. You may not commit any illegal act through the Site or Services including but not limited to fraud, patent, trademark, or copyright infringement, harassment, defamation, misrepresentation, or theft.
User(Seller)-Generated Content: You own and are solely responsible for any content including images, text, audio or other materials that you submit ("User Content"). By submitting User Content, you grant KVR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, reproduce, distribute, create derivative works from, display, store, or publish in any way, in any media known now or in the future, in order to promote or provide the Services. For example, this allows KVR to edit User Content for sizing, orientation, and grammar, as well as allowing KVR to advertise your products using the User Content. You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system.
Indemnification: You agree to defend, indemnify and hold harmless KVR and KVR's respective employees, directors, agents and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (b) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or taxes owed on sale or the collection, payment or failure to collect or pay appropriate taxes.
Disclaimer of Warranties: KVR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES AND INFORMATION CONTAINED WITHIN THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KVR MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT ALLOWED BY LAW, KVR DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation of Liability: KVR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Applicable Law: To the extent allowed by federal law, all claims or disputes which have arisen or may arise between you and KVR are governed by the laws of the State of California.
Dispute Resolution: For any claim (excluding claims for injunctive or other equitable relief) under this Agreement, the party requesting relief shall resolve the dispute through binding arbitration or through small claims courts of San Mateo County. If arbitration is selected, the arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms in the Agreement. Unless you and we agree otherwise, any arbitration hearings will take place in San Mateo County. If the claim being arbitrated is less than $10,000, then the party filing the arbitration may choose to have the arbitration conducted by telephone, online, and/or be solely based on written submissions. A hearing will be established according to the AAA Rules for claims in excess of $10,000. YOU AND KVR AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (B) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
Termination: We reserve the right to terminate, discontinue, suspend and/or restrict the Services, your account/profile, your ability to access the Site, visit and/or use the Services or any portion thereof, for any reason, with or without notice.
No Agency: Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between KVR and you.
Severability: If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.