Effective Date: January 1, 2020
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The domains discogs.com (including subdomains) and nearmint.io, related applications, and any of Our associated services, including Application Program Interfaces (“APIs”), (collectively, the “Service”), owned and operated by Zink Media, LLC (d/b/a Discogs) (“We”, “Our” “Us”), is provided to you ("You", “Your”) under these Terms of Service (the “TOS”) and any operating rules or policies that may be published by Us. The TOS comprises the entire agreement between You and Us and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
If You are under the minimum age to give consent or enter into a contract in Your jurisdiction, then You may not use or access the Service at any time or in any manner. For example, in the United States, You must be at least 16 years of age to establish an account and use the Service and You must be at least 18 years old to purchase and sell items through the Service and to establish an account for nearmint.io.
We encourage You to review the entire TOS. For quick access to a particular TOS section, click on the desired link below:
USER ACCOUNT, PASSWORD, AND SECURITY
DESCRIPTION OF SERVICE
We provide You with various content and communication services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Our technical infrastructure to support the Service is located in the United States. By using the Service, you are agreeing to have your personal information transferred to and hosted in the United States. Additional privacy information is available in Our Privacy Policy. Some portions of the Service will be free of charge, others may cost money or have other requirements. The requirements or fees for any portion of the Service will be clearly explained and separately agreed to when You implement those portions, if any. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone, cable, or other service fees associated with such access.
You may be required to establish an account to purchase and/or sell items through the Service. Sellers in certain locations may be able to purchase shipping labels through the Service. Please see the Shipping Labels Terms of Service for additional information.
If You purchase or sell items using the Service and select Us as Your payment processor, in the U.S., You will be contracting for this service directly with Zink Media, LLC (Discogs) (State of Oregon Limited Liability Company with registration number 724027-88), and in the EU, You will be contracting for this service directly with Discogs B.V. (Netherlands Chamber of Commerce registration number 63544962). Please see the Payments Policy for additional information.
If You participate in the Discogs Self-Serve Advertising platform, in the U.S. and outside of the EU, You will be contracting to make payments directly with Zink Media, LLC (Discogs) (State of Oregon Limited Liability Company with registration number 724027-88), and in the EU, You will be contracting to make payments with Discogs B.V. (Netherlands Chamber of Commerce registration number 63544962). Please see the Discogs Self-Serve Advertising Payment Policy for additional information.
MODIFICATIONS TO TERMS OF SERVICE
We may at any time revise the TOS by updating this posting. We will notify You of any material changes to the TOS along with an opportunity to opt in to changes that require Your consent by law or regulation or to opt out of any changes that decrease Your rights under this TOS. By using the Service, You agree to be bound by any non-material revisions and should therefore periodically visit this page to determine the then-current TOS to which You are bound. Your continued use of the Service constitutes an affirmative: (1) acknowledgment by You of the TOS and TOS modifications; and (2) agreement by You to abide and be bound by the TOS and TOS modifications. We shall not be liable to You or any third party should We exercise Our TOS right to modify or discontinue the Service.
PRIVACY POLICY
Your use of the Service is subject to Our Privacy Policy.
INDEMNITY
You agree to indemnify and hold Us, and Our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another, whether You are a registered user or not. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
USER ACCOUNT, PASSWORD, AND SECURITY
You may need to establish dedicated accounts to use some portions of the Service. You can manage your account settings (e.g. username and password) and preferences from within Your account as noted in the How To Adjust Account, Notification & Other Privacy Preferences document. You are entirely responsible for any and all activities which occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account by You or someone You authorize to use Your account. You may change Your password at any time; You may also set up a new account and close an old one at Your convenience.
You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You by using the Support Request Form or emailing us at help [at] discogs [dot] com.
TERMINATION
You agree that We, in Our sole discretion, may terminate Your account (if applicable), and remove and discard any of Your content within the Service, for any reason, including and without limitation, the lack of use, or if We find that You have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete Your account and any or all related information and files. We reserve the right to bar any further access to such files or the Service. You agree that We shall not be liable to You or any third party for any termination of Your access to the Service. Any advanced accounts that are terminated will not be refunded.
Should You object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Your right to use the Service immediately ceases. You shall have no right and We will have no obligation thereafter to forward any unread or unsent messages to You or any third party.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. We may broadcast notices or messages through the Service to inform You of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to You. You may notify Us via the Support Request Form or email at help [at] discogs [dot] com.
LICENSE AND SITE ACCESS
We grant You a limited license to access and make personal use of the Service and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This license does not include any resale or commercial use of the Service, including its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service, including its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service, including the content therein, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.
Data made available via the Discogs API is subject to the API Terms of Use.
LINKS
We or others related to the Service may provide links to other websites or resources. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resource.
USER CONDUCT
You are solely responsible for the contents of Your transmissions through the Service, including any content transmitted through Your account, if applicable. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
You agree: (1) to comply with U.S. and applicable international law regarding the transmission of technical or other data exported from Your country through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all laws, regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet laws, regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful content or language of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
You shall not interfere with another person’s use and enjoyment of the Service or another entity's use and enjoyment of similar services.
We may review user account activity, such as private messages, account details and order pages, upon receipt of complaints from other users. In addition, We may, in Our sole discretion, immediately terminate Your account, if any, should Your conduct fail to conform with the TOS. Examples of conduct that may result in immediate account termination include: entering falsified information into the catalogue in order to circumvent catalogue or marketplace guidelines, including copyright laws; repeat or otherwise substantial infringement of intellectual property laws or regulations; opening new user accounts after original account has been banned, negotiating private sales of items in order to circumvent Marketplace fees, etc.
LICENSING OF USER CONTENT
The Service consists of user-generated content. This catalogued content promotes the growth of information (i.e., music, literary, etc.) related to the sale of items through the marketplace, pursuant to Our mission. You may only contribute content which is in the public domain (i.e., expired copyright or public from inception) or otherwise available through a CC0 “No Rights Reserved” license, or content for which You are the rights holder. Certain content may also be contributed if it complies with applicable fair use or quotation standards and/or represents an item You are listing for sale in the marketplace (i.e., images, specific item information). If You have any questions about the public domain, license, or fair use or quotation status of content, please consult with a qualified legal expert before contributing that content. You grant a non-exclusive, non-revocable, transferable right to Us to use Your user-generated content, unrestricted in time and territory, for the purpose of rendering the Service.
If You cease using the Service, You confirm that We are entitled to continue using Your user-generated content and may continue to display Your username along with Your content pursuant to the rights granted above.
If You exercise Your right to erasure or deletion of personal information pursuant to Our Privacy Policy, (i) Your user-generated content will be anonymized by having the username replaced by a generic term (i.e., "previous user1234" or simply "user1234"), and (ii) We are entitled to continue using this anonymized user-generated content pursuant to the rights granted above.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) WE DO NOT PROMOTE OR CONDONE ANY IDEAS OR MESSAGES CONTAINED IN THE USER-GENERATED CONTENT AVAILABLE THROUGH THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
VIOLATIONS
To report violations of the TOS, please use the Support Request Form or email Us at help [at] discogs [dot] com. To expedite the processing of Your report, please include as many details as possible about the violation.
To report copyright infringement, please follow the instructions for Notice of Copyright Infringement.
GENERAL
The TOS is governed by and interpreted in accordance with the laws of the State of Oregon, United States of America, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the TOS. Our failure to exercise and enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If a court finds any portion of the TOS to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.