Terms and Conditions & Privacy Policy

  • Notification
    • By using Audiophile.One, whether via a public or private network, or purchasing our services, you confirm that you have read and understood the Terms and Conditions and the Privacy Policy, including how and why we use your information and that your use of Audiophile.One is subject to the applicable Terms and Conditions and Privacy Policy.
    • By using Audiophile.One or purchasing our services, you acknowledge that Audiophile.One will use your information in the United States as well as any other country where Audiophile.One operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to countries to which we are permitted by law to transfer personal information and we will continue to ensure that your personal information is appropriately safeguarded.
  • Terms and Conditions
    • You enter into a legally binding contract to purchase an item when you commit to buy an item, if your offer for an item is accepted or if you accept the Seller’s counter offer.
    • The actual contract for sale is directly between the seller and buyer. Audiophile.One has no financial responsibility in the sale or purchase of goods.
    • If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes
    • We may amend this User Agreement at any time.
    • Age Eligibility
      • You must be at least 13 years old to access or use Audiophile.One and our services, including without limitation to complete a Audiophile.One account registration. By accessing or using Audiophile.One in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use Audiophile.One in any manner, and may not provide any personal information to or on Audiophile.One (including, for example, a name, address, telephone number, username or email address).
      • If you are located within the European Union, you must be at least 16 years old to access or use Audiophile.One and our services, including without limitation to complete a Audiophile.One account registration. By accessing or using Audiophile.One in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on Audiophile.One (including, for example, a name, address, telephone number, username or email address).
    • User Obligations
      • To access some of the Audiophile.One features, you will need to register for an account as an individual and consent to these Terms and Conditions and Privacy Policy. If you do not consent to the Terms and Conditions and Privacy Policy, Audiophile.One reserves the right to refuse, suspend or terminate your access to the Audiophile.One.
      • You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of or terminate your account whenever you like.
    • Audiophile.One Content
      • All materials displayed or performed on Audiophile.One, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations, other than Audiophile.One content posted by individual members are the property of Audiophile.One and are protected by United States and international copyright laws.
      • All trademarks, service marks, and trade names are proprietary to Audiophile.One and/or third parties and use of Audiophile.One means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services.
    • Member Content
      • You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to Audiophile.One (collectively, “Member Content”), is perpetually and irrevocably licensed to Audiophile.One on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA), and you grant Audiophile.One the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Member Content, even if such Member Content has been contributed and subsequently removed by you.
      • This means that you cannot revoke permission for Audiophile.One to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC-BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
    • Indemnification
      • You will indemnify and hold Audiophile.One, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Audiophile.One, use of Audiophile.One services made available on the Audiophile.One, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
    • Limitation of Liability
      • To the maximum extent permitted by law, Audiophile.One and its affiliates shall not be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the network or services (i) for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, or (ii) for any direct damages in excess of one hundred dollars ($100) in the aggregate, even if Audiophile.One or its affiliates have been told of the possibility of such damage, and even if these remedies fail their essential purpose. nothing in this limitation of liability shall prevent Audiophile.One’s right to seek and obtain equitable relief. Notwithstanding such right of equitable relief, to the extent that applicable law does not permit such limitation of liability or exclusion of liability, such limitation will apply to the maximum extent permitted by law.
    • General Provisions
      • Assignment and Jurisdiction Audiophile.One reserves the right to assign our rights and obligations under these Terms and Conditions (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets. These Terms and Conditions will be governed by and construed in accordance with the applicable laws of the State of Utah, without giving effect to the principles of that State regarding conflicts of laws. Both you and Audiophile.One hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of Utah with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Audiophile.One. Notwithstanding the foregoing, these Terms and Conditions shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Terms and Conditions. The Uniform Commercial Code shall not apply to the provisions of these Terms and Conditions to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Terms and Conditions. In the event of any conflict between the terms and conditions of these Terms and Conditions and any such shrinkwrap or click-wrap terms, the Terms and Conditions of the former shall prevail.
      • Mandatory Arbitration You agree that with respect to all disputes between you and Audiophile.One or its affiliates or its officers, directors, or employees (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes relating to these Terms and Conditions, your use of the Audiophile.One services, and/or rights of privacy and/or publicity, you and Audiophile.One shall first consult with each other to attempt to resolve such dispute in a manner satisfactory to both parties, and that if a resolution is not reached within ninety (90) days, then the dispute shall be referred to and resolved by binding arbitration under Jams, Inc.’s rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the federal arbitration act and not by any state law concerning arbitration. In the event Jams, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the american arbitration association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Audiophile.One or these Audiophile.One terms must be filed within one (1) year after such claim of action arose or be forever banned. You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in Utah, USA, that the language of the arbitration shall be in english, and that all arbitration proceedings shall be considered confidential in nature. If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “assignment and jurisdiction” section below. Your written notification must be mailed to us at Audiophile.One or by email notification at audiophile.one. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Terms and Conditions after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms and Conditions; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us.
      • Modifications Audiophile.One reserves the right, in its sole discretion, to modify or replace these Terms and Conditions, as our business evolves over time and to better provide Services and Products to the Audiophile.One members, or to change, suspend, or discontinue Audiophile.One and/or any Services or Products at any time by posting a notice on Audiophile.One or by sending you notice via e-mail or by another appropriate means of electronic communication.
      • Merger and Severability The parties to these Terms and Conditions are independent contractors and these Terms and Conditions shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Audiophile.One. These Terms and Conditions represent the entire agreement between you and Audiophile.One and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Audiophile.One Services or Products contemplated hereunder. If any provision of these Terms and Conditions is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms and Conditions shall remain and continue in full force and effect.
      • Notices Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to audiophile.one.
      • No Waiver Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  • Privacy Policy
    • We will never share or sell your information.
    • How We Collect Information On You
      • We store your private profile information (see below), which is only used by the buyer and seller to complete a purchase. We also store your credit card user name and address (we do not store your card number), which is never shared with anyone. We do use Google Analytics; we do not store cookies which you are unaware of. We do not share any information with third parties, advertisers or marketing agencys. We do not store profile pictures or any other identifying information, and we encourage you to use a fictitous Username for your login.
      • We offer one cookie to store your login name. This cookie can only be invoked by you, the user. The data in the cookie is stored encrypted, as well as secure and protected from malicious access (HttpOnly). Please see The OWASP Foundation for more details.
      • Your password is stored in a secure “one-way hash”. This means that we have no way of decrypting your password, and neither does anyone else.
    • Account Registration
      • Audiophile.One provides for anonymous participation. You are required to provide both a Username and Email Address to register, as well as a secure password, which are associated with your account. Your Username is displayed on listings and correspondence; your Email Address is never displayed on a listing or correspondence. We encourage you to use a fictitious Username for your login.
    • Profile Information
      • Your Profile is never public. Only you can view and change your Profile information.
      • When a Transaction (sale) takes place, both the buyer and seller will have access to each other’s email address, phone number and mailing address. This is mandatory so the transaction can be completed.
      • When you list with Audiophile.One, only the Username and city, state and postal code you registered with are shown to the potential buyer. Your real name, email address and complete contact information are never shown on any listing.
    • Transaction Information
      • When a Transaction (sale) takes place, the seller has the option to store their PayPal email address and PayPal.Me URL. This option is available so the transaction can be completed quickly. The PayPal email address and PayPal.Me Url are never shared with anyone other than the buyer, and are only available in the Transaction view.
      • When you list with Audiophile.One, your city, state and postal code are shown to potential buyers. This is so the buyer can easily calculate if the seller’s location is within reasonable distance of the buyer’s location.
    • Securing your Personal Data
      • All records containing personal or financial information are considered to be proprietary and are afforded confidential treatment at all times.
      • Audiophile.One is committed to the safety and security of your personal data and the information that you share with us and with the public. We treat your personal safety and safety from harassment as top priorities. We consider it necessary to pursue these legitimate interests in order to keep our members, you and your information safe from spam, harassment, intellectual property infringement, identity theft, and unlawful collection of your information.
    • We Comply with Regulatory and Legal Obligations
      • Audiophile.One has a legitimate interest in complying with certain legal obligations and interests which, from time to time, may require the disclosure of your personal information. Audiophile.One will not disclose your personal information to legal authorities except where such disclosure is by lawful request, including to meet legitimate national security or law enforcement demands, including a subpoena, court order, or other lawful legal demand by a legal authority with lawful jurisdiction. In some cases, we may also release your personal information to defend our legitimate legal interests. We consider our obligation to protect the Audiophile.One members from imminent physical harm to be both a legitimate business interest as well as to be within the public interest and may disclose your personal information if we believe you or another individual may be in imminent danger of harm to yourself or to another.
  • Cookie Policy
    • You can review Audiophile.One's Cookie Policy on the Cookie Policy page.
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