November 18, 2022
IMPORTANT – NOTICE OF LEGAL TERMS
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE ACCESSING ANY PAGE OR FEATURE OF THE WEBSITE HOSTED AT WWW.ANALOGR.COM, AS THEY CONSTITUTE BINDING CONTRACT TERMS AND AFFECT YOUR LEGAL RIGHTS, OBLIGATIONS, AND LIABILITIES TO ANALOGr LLC, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF CLASS ACTION CLAIMS AND OTHER VOLUNTARY PRECLUSIONS OF PRESUMPTIVE LEGAL RIGHTS, LIMITATION OF LIABILITY, YOUR CONFIDENTIALITY, CONTENT-RELATED, AND OTHER DUTIES, LIMITATIONS, AND OBLIGATIONS, YOUR INDEMNITIES TO US, AND YOUR AGREEMENT TO MANDATORY ARBITRATION.
Scope of Terms.
These Terms of Service apply to the ANALOGr website located at www.ANALOGr.com, and all associated sites, servers, and associated use or platform-access functionality hosted with, made accessible and/or provided through, or linked to www.ANALOGr.com by ANALOGr, its subsidiaries and affiliates, or its posted designees (the “Site” or “Website”).
Acceptance of Terms.
These terms of use This Website and all associated assets is owned and operated by ANALOGr, LLC. (“ANALOGr” or “we,” “our,” or “us”). Certain portions of the Website may not be available to you unless you have registered. These Terms of Use govern your use of the Website whether accessed via computer, mobile device, tablet or other means. By using the Website or Services (defined below), you are stating that you have read and understand, and agree to be bound by, these Terms of Use. You agree that these Terms of Use incorporate and include ANALOGr’s Privacy Policy available at www.analogr.com. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.
In some instances, both these Terms of Use and separate terms or documents setting forth additional conditions may apply to the Service or a feature offered via the Website (“Additional Terms”) including, but not limited to, the Consignment Terms and the Artifact Custody Addendum to the Consignment Terms governing the consignment of items on the Website and the Conditions of Sale listed herein. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise with reference to these Terms of Use, or, within the context of a discrete bilateral commercial relationship not arising solely from these Terms of Use, and created by mutually executed written instrument for an independent object between ANALOGr and one other party, such representations, warranties, and guarantees as may arise specifically within the context of that relationship as expressly provided by the foundational written instrument shall not be altered by any general terms or conditions applicable to that party’s relationship with ANALOGr by virtue of their access to the Website and acceptance of these Terms of Use thereby. Such representations, guarantees, or other specifically contracted provisions shall modify or supersede the terms and conditions hereof only to the extent specifically stated by ANALOGr in a fully executed contractual instrument creating a commercial relationship with a discrete object to which the modifications hereto are fundamentally related and essential to the contractual purpose, which shall be independent of that created solely by these Terms of Use. You consent to the collection and use of data in accordance with the Website’s Privacy Policy.
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. ANALOGr reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, and subject to the limitations, contingencies, and other provisions set forth in these Terms of Use and other applicable legal instruments, ANALOGr grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Description of Services.
The Website provides users with access to content and networked functionality regarding the services and goods provided by ANALOGr LLC, including information services and e-commerce described, provided, and/or transacted thereby, and other informational and commercial goods and services relating to the evaluation, collection, curation, and public presentation of authentic and historically significant musical instruments, sound equipment, and other music-related artifacts associated with the music, culture, aesthetics, and evolution in genre and style of all things rock & roll. ("the Services"). You are responsible for obtaining access to the Website which may involve third-party fees (including, but not limited to, Internet service provider or airtime charges).
Website Ownership and Permitted Use.
The Website is owned and operated by ANALOGr. The Website and all intellectual property and other rights relating thereto are and will remain the property of ANALOGr and its licensors (including, without limitation, the content, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Website; the compilation of the content, code, data and materials in the Website; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights [including droits de suite, droits d’auteurs, and other rights of authorship, attribution and subsequent modification] and all other applicable intellectual property and proprietary rights vesting or arising under the laws of any other jurisdiction(s), whether or not registered or unregistered thereunder or therein. The Website is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable against you.
Except as expressly set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, create derivate works of, or disassemble any part of the Website without the prior written permission of ANALOGr. You acknowledge that you do not acquire any ownership rights by using the Website. The Website shall be used solely in accordance with the terms herein. The Website is provided solely for the purposes provided in these Terms of Use. Use of the Website for any other purpose is strictly prohibited. At all times, access and use of the Website is restricted to only lawful purposes.
ANALOGr reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently disable or discontinue, the Website, or any part or portion thereof, with or without notice to you. You agree that ANALOGr shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate ANALOGr to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of ANALOGr and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of ANALOGr or the third party owner of any such Trademark.
Membership Eligibility.
You must be 18 years or older to access the Website. Any persons under the age of 18 are not permitted to access the Service or Website.
You may not have more than one active account and information input by you relating to your account must be true and accurate.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
If you do not meet the foregoing eligibility requirements, you may not use the Service or the Website.
Your Personal Account.
Access to certain functionalities of the Website will require you to register with and provide certain information to ANALOGr. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. We reserve the right to decline to provide access to the Website to any person for any or no reason. If and when you provide information to ANALOGr, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or ANALOGr has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ANALOGr has the right to suspend or terminate your account and refuse any and all current or future use of the Website and Service (or any portion thereof).
You understand and acknowledge that you are solely responsible for maintaining the confidentiality of your access credentials and other account information, and for restricting access to your computer or device. You acknowledge and agree that you are and will be solely liable for any and all acts and omissions under your account, including any content that is posted or transmitted using the Website. Without limiting the foregoing, you agree to use reasonable efforts to prevent unauthorized access to or use of your account and to preserve the confidentiality of your username and password, and any device that you use to access your account. For this reason, we recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You will be solely responsible for losses incurred by ANALOGr and others due to any unauthorized use of your account.
Limited License and Acceptable Use Policy.
Subject to the restrictions and limitations set forth in these Terms of Use, ANALOGr grants you a limited nonexclusive, nontransferable, individual license to access and use the Website for purposes of (a) accessing and viewing the content on the Website, via your account, on your computer or other Internet compatible device, including mobile devices and tablets, and (b) placing bids or orders (as applicable and in accordance with the terms herein and any Additional Terms set forth by ANALOGr) for products offered for auction or sale on the Website, (c) communicating with ANALOGr as provided for through the Website. The Website and your account may only be used in the limited manner provided above. Any other use of the Website is strictly prohibited.
You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website and not to access or use the Website from a jurisdiction where such access or use illegal or unauthorized.
Prohibited Activity.
Without limitation to any obligations or prohibitions arising expressly or by necessary application here from, you specifically agree that you will not engage in, solicit, facilitate, or effectuate any of the following prohibited activities, whether or not such misconduct and/or misuse is accomplished while actively using or accessing the Website:
Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any ANALOGr content or materials;
Use any metadata, meta tags or other hidden text utilizing a ANALOGr name, trademark, URL, service, program, platform, or product name;
In any way use the Website to send altered, deceptive or false source-identifying information, or use information obtained by or through the website, including reference information provided or published thereon, to communicate incomplete, misleading, or incorrect source-identifying, attribution, affiliation, or endorsement-related statements through any public or private medium of information communication or publication;
Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;
Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, invade the privacy of any third party, or are otherwise objectionable in the sole opinion of ANALOGr;
Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of ANALOGr’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
Attempt to scan, probe or test the vulnerability of any ANALOGr system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;
Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;
Translate, reverse engineer, decompile, decrypt, disassemble, or convert into human readable form the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website) not intended to be so read (this includes using or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a web browser);
Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by ANALOGr or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome), including any software that sends queries to the Website to determine how a website or web page ranks;
Download, publish, perform, display, distribute, copy, imitate, mirror, reproduce, post, transmit, modify, adapt, edit, create derivative works of, transfer, sell, license, rent or otherwise exploit or make commercial use or availability of the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website);
Upload, post, or transmit any material that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in ANALOGr’s sole discretion) an unreasonable or disproportionately large load on ANALOGr’s infrastructure, or interferes with any other party's use and enjoyment of the Website; or any use of data mining, robots, or similar data gathering and extraction tools.
Bypass or attempt to bypass any measures used by ANALOGr to disrupt or prevent or restrict access to the Website or Service. Any unauthorized use by you shall terminate the permission or license granted to you by ANALOGr.
Insert your own or a third party's advertising, branding or other promotional content into any of the any services, content, functions, information, materials or products available through the Website; use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or otherwise engage in unauthorized or unsolicited advertising or marketing
Engage in data mining, spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining information from the Website or through the Website or the services offered on or through the Website;
Use the Website or any services, content, functions, information, materials or products available through the Website in violation of ANALOGr or any third party's intellectual property or other proprietary or legal rights;
Frame or link to the Website without our express written permission;
Use the Website or any services, content, functions, information, materials or products available through the Website for purposes of money laundering, bid rigging, price fixing or other unlawful collusion, price signaling or exchange of competitively sensitive data or information;
Collect or store personal data about users of the Website;
Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
Use the Website for any commercial distribution, publishing, use or exploitation of the Website or any element thereof (including any content, software, code, data or materials used in or available on the Website), unless you have received the express prior written permission of ANALOGr or the applicable rights holder.
Use the Website in any manner not permitted by these Terms of Use; or
Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.
Submitted Content.
Unless specifically requested, ANALOGr does not solicit nor does it wish to receive any confidential, secret or proprietary information through the Website, by e-mail or in any other way. Subject only to the Privacy Policy, you agree that any ideas, feedback, information, photos, materials or content that you provide, submit, upload or otherwise transmit to ANALOGr or on the Website (“User Content”) will be available for our use free of any obligations to you, and with complete and unencumbered downstream permissioning rights, including the unrestricted freedom to assign or transfer all applicable reproduction, republication, use, access, presentation, and other content-related rights in whole or part to third-party recipients without further action or approval by you or any other person. You hereby (a) grant to ANALOGr a royalty-free, perpetual, irrevocable, transferable, non-exclusive, worldwide license to exploit, assign, transfer, or otherwise make use of any and all rights in or arising from the User Content including all copyrights therein, for any exploitation by ANALOGr and/or by any person authorized by ANALOGr, by any means and in all media now known or hereafter devised, without payment, permission, notice, or other communication or action involving you or any third party, and to advertise and promote any and all such uses, alienations, or exploitations, for the full period of protection, enforceability, or justiciability applicable to any and all aspects of all such rights (together with any extensions and renewals, including such equitable tolling or other limitation-modifying doctrines applicable to any legal rights or claims) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content that may be available to you; (c) represent and warrant that you are the unqualified owner of all content, expression, property, quasiproperty, material, visual assets, or rights-protected assets of any kind comprising or included within the User Content and are entitled and have all rights and permissions necessary to truthfully warrant, enter into and fully comply with the express and implied conditions, and all other provisions of these Terms of Use, without further action by any person; (e) confirm that no such User Content is subject to any obligation, whether negative, positive, or procedural, of notice, confidence, attribution, completeness, or otherwise, imposed on or requiring compliance by or from ANALOGr or any third party, whether such obligation or imposition is due to you or any third party, such that, without limiting the foregoing restrictions, ANALOGr shall not be liable for any use or disclosure of such User Content, or for any action or inaction relating to, imposed, or claimed by virtue of any predicate, contingent, or other causal relationship thereto, whether by you or any other predicate-right claimant disclaimed hereby. Except as otherwise described in the Website’s posted Privacy Policy, you understand and agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned or subject to non-retention or expungement, or any other custodial limitations, obligations, or management by or on ANALOGr. Upon ANALOGr’s request, you will furnish ANALOGr any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
Mobile Features.
The Website may offer features and services that are available to you via your mobile device. These features and services may, include, without limitation, the ability to receive messages from the Website, access your account information, download applications to your mobile device or access the Website’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Third-Party Links.
The Website may contain links to third-party websites for your convenience. ANALOGr does not control such linked websites or the content provided through such websites, and ANALOGr has not reviewed, in their entirety, such websites. Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and ANALOGr disclaims all liability for such use. Such links do not indicate any approval or endorsement by ANALOGr of any such linked website or any material contained on any such linked website, and ANALOGr disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and ANALOGr is not responsible for and disclaims any endorsement of, any such product, service or publication.
WARRANTY DISCLAIMER
EXCEPT AS SPECIFICALLY STATED BY ANALOGr BY EXPRESS REFERENCE HERETO, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components. ANALOGr does not by virtue of hosting the Website or licensing its access and use, or otherwise without specific, formal, and narrowly-tailored provision by ANALOGr with express reference hereto, warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its COMPATIBILITY WITH or EFFECT ON hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and Information and your reliance thereon.
Authentication.
You acknowledge and agree that ANALOGr’s authentication process is proprietary, confidential, in-house and independent. Brands identified on the Website are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the Website. Brands sold on the Site are not partnered or affiliated with ANALOGr in any manner unless and only to the extent specifically so stated by ANALOGr, and only as and to the extent specifically designated by ANALOGr under the narrowest construction reasonable of the affiliation or partnership as described. .
LIMITATION OF LIABILITY
UNLESS OTHERWISE PROVIDED BY ANALOGr FOR SPECIFIC PERSONS BY WRITTEN EXECUTED AGREEMENT WITHIN THE CONTEXT OF INDEPENDENT CONTRACTUAL RELATIONSHIPS BETWEEN ANALOGr AND SPECIFICALLY IDENTIFIED PARTIES FOR CONTRACTUAL PURPOSES ESTABLISHED BY LEGAL INSTRUMENTS THAT SPECIFICALLY PROVIDE OTHERWISE, INCLUDING AS SET FORTH UNDER THE ACCEPTANCE OF TERMS ABOVE, ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE WEBSITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NEITHER ANALOGr NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ENDORSE OR ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) THE WEBSITE, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE WEBSITE OR SERVICE BY ANY PARTY , (F) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE WEBSITE OR A LINKED SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ANALOGr OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (H) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (I) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION OR DESCRIPTIONS OF EQUIPMENT OR MEMORABILIA; OR (J) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ANALOGr HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION PRODUCT, DESCRIPTION, SERVICE, OR OTHER CONTENT PUBLISHED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR SUSCEPTIBLE OF BEING OBTAINED DIRECTLY OR INDIRECTLY FROM OR WITH THE VALID AND AUTHORIZED IMPRIMATUR OF A LINKED SITE. YOU ARE RESPONSIBLE FOR SEEKING ANY INDEPENDENT GUIDANCE AVAILABLE TO GUIDE YOUR EVALUATION OF ANY ASPECT OF THE WEBSITE, OR ANY DECISION RELATING TO ANY INFORMATION, GOOD, OR SERVICE PRESENTED OR PROVIDED THEREBY.
YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ANALOGr TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.
WAIVER OF UNKNOWN CLAIMS.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification.
You agree that you will indemnify and hold harmless, and upon ANALOGr’s request, defend, ANALOGr and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use. If ANALOGr asks you to defend any such action, suit or claim, ANALOGr will have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claims for which ANALOGr is entitled to indemnification without the prior written approval of ANALOGr.
Non U.S. Users.
ANALOGr makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Term and Termination.
These Terms of Use are effective from the date that you first access the Website or submit any information to ANALOGr via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. ANALOGr may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. ANALOGr may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, all restrictions and obligations relating to or arising from content made available on the Website, and all ANALOGr rights of ownership or otherwise in the Website, its content, and all related assets, shall survive any termination or expiration of these Terms of Use.
ARBITRATION/GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. You agree that any pursuit by you, including any allegation, prosecution, pleading, presentation, or other communication announcing, describing, or otherwise raising with express or implied claim for resolution any form of dispute over any claim of right or for any cognizable relief arising out of or relating to any aspect of these Terms of Use, will be exclusively and confidentially raised, pursued, and settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and you agree that any dispute or allegation raised or joined by you shall be prosecuted with maximum available considerations of confidentiality under the then-current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public and subject to strict confidentiality obligations as to papers, pleadings, allegations, arguments, and adjudication. The arbitration will take place in Los Angeles County, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. For the sake of clarity, nothing in this paragraph shall affect ANALOGr’s ability to seek from a court injunctive or equitable relief at any time, including as set forth separately below. You agree that any arbitration will be conducted only on an individual basis between You and ANALOGr, and not in a class, consolidated or representative action or arbitration.
For all claims or allegations raised or pursued against you or by ANALOGr arising in relation to or to enforce any aspect of these Terms of Use, you consent to the personal and subject-matter jurisdiction of all federal and state courts in California, and specifically agree not to allege any deficiency in subject-matter or personal jurisdiction, or venue-related challenge to adjudication by a state or federal court located in Los Angeles County, California.
If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it pursuant to either of the foregoing paragraphs, and ANALOGr is the substantially prevailing party upon the conclusion of an applicable dispute-resolution proceeding, as determined by the presiding authority, judgment, or award,, ANALOGr will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from you, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
Electronic Communication.
You consent to receive communications electronically from ANALOGr. ANALOGr will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Modification and Changes.
ANALOGr reserves the right to make changes to the Service, Website, related policies and agreements, these Terms of Use and the Privacy Policy at any time. It is your responsibility to review the Terms of Use from time to time for updates.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and ANALOGr relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and ANALOGr with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by ANALOGr as provided herein or otherwise by written instrument signed by ANALOGr. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by you except with ANALOGr’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ANALOGr may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. ANALOGr shall have no liability under these Terms of Use to the extent arising from any failure of ANALOGr to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, pandemic or public health emergency, strikes or labor disputes, or any other event not within ANALOGr reasonable control.
CONDITIONS OF BIDDING and SALE AND DESCRIPTION OF MUSICAL EQUIPMENT AND MEMORABILIA
Unless and to the extent specifically so stated by ANALOGr in immediate contextual proximity, or provided by specific written instrument to specific individual parties within the context of an independent commercial relationship or transaction, ANALOGr’s knowledge in relation to each piece of musical equipment, or memorabilia may be partially or wholly dependent on information provided by third parties without specific further research or review by ANALOGr, including by a Consignor, and ANALOGr does not carry out exhaustive due diligence on each piece of equipment or memorabilia except as indicated by certification, authentication designation, or Collection accession. ANALOGr shall exercise reasonable care when making express statements in descriptions or condition reports consistent in its role as vendor considering (i) information provided to ANALOGr by a Consignor (or other party as applicable), (ii) technical knowledge exercised by in-house ANALOGr staff, and (iii) generally accepted opinions of relevant experts solely at the time any such express statement is made.
Unless and to the extent specifically stated by ANALOGr as set forth in the Acceptance of Terms above, (1) content on the Website pertaining to goods and services, including descriptions of equipment or memorabilia, are not warranties and each piece of equipment or memorabilia is sold "as is”; and (2) aRepresentations or statements made by ANALOGr as to the authorship, origin, date, age, size, medium, attribution, genuineness, condition or estimated selling price of any equipment, or memorabilia reflect the factual content conveyed without obvious inconsistency or evident need for further review, and evaluations as to the veracity of such pass-through statements or assessments are statementsof opinion only. All photographic representations and other illustrations presented online or elsewhere are solely for guidance and are not to be relied upon in terms of revealing or describing any imperfections in the equipment. You understand and acknowledge that much of the equipment or memorabilia depicted on the Website is of an age or nature that precludes being in pristine condition and may make reference to damage and/or restoration. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from defects nor does any reference to particular defects imply the absence of others.
LIMITATION OF LIABILITY
Neither the Consignor nor we, nor any of our officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any equipment or memorabilia whether written or oral nor for any other errors or omissions in description or for any faults or defects in any equipment, or memorabilia. Neither the Consignor, ourselves, our officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any piece of equipment, or memorabilia with regard to merchantability, fitness for particular purpose, description, size quality, condition, attribution, authenticity, rarity, importance, medium, history, or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
In the event you discover that the equipment or memorabilia sold on this website is not of the origin or historical use described, then upon three (3) months from the date of sale you may contact ANALOGr in writing specifying the sale in which the property was included, the item number on the order confirmation and the reasons why the origin or historical use of the equipment or memorabilia is being questioned. Upon receiving such notice, ANALOGr may rescind the sale and return the purchase price to you in its sole discretion, provided that ANALOGr reserves the right, as a condition to rescind any sale, to require the buyer to provide to us at the buyer's expense the written opinions of two recognized experts in the field, mutually acceptable to ANALOGr and the buyer, before ANALOGr determines whether or not to cancel the sale. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense. Please note that any rescission or cancellation of a sale is in ANALOGr's sole discretion and is not guaranteed nor an automatic remedy provided.
Additionally, this remedy, if so provided by ANALOGr, shall constitute the sole remedy and recourse of the buyer against ANALOGr, and any of our affiliated companies and the seller and is in lieu of any other remedy available as a matter of law or equity. None of ANALOGr, any of our affiliated companies or the seller shall be liable for loss or damage beyond the remedy, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the original purchase price.
PURCHASES AND PAYMENTS
All sales of musical equipment, memorabilia and/or other products purchased on the Website are for final sale and once purchased there will be no refunds or replacements except as expressly provided for herein. Purchases, installments, deposits, and any other purchase-related charges or payments incurred or elected by you in connection with your use of the Website and any purchases made thereon shall be automatically processed by ANALOGr using the credit card or debit card registered to your personal account. YOU AUTHORIZE AUTOMATIC PROCESSING BY ANALOGr of all such charges, credits, debits, or other payments for transactions arising from your use of the Website, including any purchases made on the Website, and any deposits, partial payments, installments, or other charges incurred as a result thereof. Payments for any purchase, reservation, exercised option, or consummated offer are pre-authorized by you and shall be processed immediately without additional notice upon ANALOGr’s approval of a purchase, automatically without additional notice for installment purchases approved at ANALOGr’s discretion, or otherwise as ANALOGr may establish by separate agreement, or elect in its sole discretion, for purchases made at any time on the Website through your personal account.
If you wish to purchase an item or product via wire transfer or crypto currency, your request for purchase will first need to be approved by the bank, or crypto wallet provider. If approved, you will receive a notification on the Website in your personal account, or email from us with a link to consummate and finish the sale (“Purchase Link”). Once you receive the Purchase Link, you will have up to twenty-four (24) hours to consummate and finish the sale. If you do not consummate and finish the sale through the Purchase Link within twenty-four (24) hours from the time the Purchase Link is sent to you, ANALOGr may, in its sole discretion, cancel the sale and deem the purchase null and void. For this reason, we strongly suggest you review your personal ANALOGr account and email account frequently after the decision to purchase a product from our Website in this manner as the sale is not final or binding until you have provided payment through the provided for Purchase Link.
If you wish to purchase an item or product available for payment by periodic installment, you will need to acknowledge the repayment terms (including the non-refundable deposit) supplied on the Website when submitting your bid, which will become a binding sales contract upon ANALOGr’s decision, if any, to accept your bid and provide notice to you. You may also, ANALOGr’s discretion, be required to sign a further acknowledgment of our Installment-Payment Agreement before any sale or obligation on ANALOGr’s part is final or binding. The Installment-Payment Agreement shall confirm your understanding and agreement to the specific terms and conditions you agree will govern your payment of any item purchased through the “Pay by Installment” radio button option on the Website, and will be required if ANALOGr, in its discretion, elects to offer you repayment terms that vary from the standard options provided by default through the checkout process, but shall not be necessary in all circumstances unless ANALOGr so requires and informs you through your Account. For all installment-payment options, you understand and agree that:
No items paid by installment shall be delivered until payment is completed in full by monthly automatic charges to the card registered to your Account, which you authorize ANALOGr to assess without further notice to you in the amounts designated by ANALOGr and confirmed by you in the checkout procedure by which you submit your bid; and
A portion of your initial deposit payment shall be nonrefundable, reflecting the damage to ANALOGr’s inventory value for items withdrawn from auction or offer and subsequently reintroduced for sale. This portion shall constitute a cancellation fee, fixed at the percentage identified by ANALOGr and confirmed by you in the bid-submission checkout process, and shall be retained by ANALOGr and waived by you at such time as ANALOGr may notify you that any payment is in arrears or in default, or after two automatic payments of scheduled installments fail to be processed or paid, or if payment is not completed in full by the end of the installment period. The portion and timing of this nonrefundable cancellation fee will be disclosed to you for confirmation before you authorize submission of your bid, unless altered by subsequent arrangement with ANALOGr, and you agree and authorize the automatic retention by ANALOGr of the nonrefundable cancellation fee at such time as ANALOGr provides notice of cancellation for default.
If you select the “Pay by Installment” radio button, you will receive a notification on the Website in your personal account with the current version of ANALOGr’s Installment Terms that shall govern your payment obligations for the purchase you selected on the Website. The default terms and conditions for ANALOGr’s installment options may change without other notice to you from time to time, and to any extent they conflict with these Terms of Use, your payment for purchases by installment shall be governed by the specific Installment-Payment Agreement provided for your purchase, so we strongly suggest you review your personal ANALOGr account and email account frequently after the decision to purchase a product from our Website in this manner.
Bidding.
When using the Website you agree to the following:
You are responsible for reading the full item listing before making a bid or committing to buying.
You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
If you bid on an item you represent and warrant that you have and will continue to have the full amount of funds necessary to either (1) satisfy your installment payment obligations, beginning with the initial deposit immediately upon ANALOGr’s acceptance, if any, and continuing through such subsequent installments as scheduled, by automatic draws on the card linked to your account at the time your bid was accepted; or (2) complete the purchase at the full price bid, and to complete payment of any successive bids you authorize to be placed on your behalf to complete the purchase. All funds required to be available to satisfy obligations hereunder must be and remain available for immediate draw by remote processing by credit or debit card in the debit or credit account from which the card registered to your account draws, and susceptible of automatic processing immediately (or immediately as scheduled, for installment payments) within any applicable payment-sum limitations or authorization measures by ANALOGr without further action by you.
Sales Tax.
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. Buyers claiming exemption from sales tax must have the appropriate documentation on file with ANALOGr prior to the release of the property.
Package and Shipping.
Buyers are responsible for all shipping costs and fees. ANALOGr may require a copy of any government issued identification prior shipping any item to you. At the buyer’s expense ANALOGr will either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for equipment or memorabilia purchased from ANALOGr. ANALOGr will not be liable for acts or omissions of third party packers or shippers.
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