Terms of Service
- Introduction and Acceptance of the Terms of Service
Please take your time to read these terms carefully as they include important information regarding your legal rights, remedies and obligations.
- The MUZSTASH community is built on trust and respect. Disputes are very rare in the community, but if there are any issues, we will always do our best to help our members resolve them quickly and fairly.
- MUZSTASH, LLC (hereinafter, “MUZSTASH”, “we”, or “us”), is the owner of MUZSTASH.com, which an online marketplace that facilitates the listing and rental of music equipment (including but not limited to production audio equipment, musical instruments, recording and rehearsal spaces and other equipment (collectively, hereinafter, “Listing” or “Listings”).
- The following terms and conditions, together with any documents they expressly cover by reference administer each user’s (hereinafter, “you,” “your,” “Member,” or “User”) access to and use of the MUZSTASH Marketplace, including any subdomains thereof, and any other websites through which MUZSTASH makes the MUZSTASH Marketplace available (collectively, “Site”), any mobile applications and application interfaces (collectively, “Application”), and all associated services offered on or through MUZSTASH.COM or by MUZSTASH (hereinafter collectively, the “MUZSTASH SERVICES”), whether as a guest or registered User. The Site, Application, and MUZSTASH Services together are hereinafter collectively referred to as The MUZSTASH website. MUZSTASH’s Privacy Policy and Community Rules, and other terms applicable to your use of The MUZSTASH Marketplace are incorporated by reference into these Terms of Service.
- By entering or using The MUZSTASH Marketplace, including by interacting with us or another MUZSTASH User, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (hereinafter, “Terms of Service” or “Terms”), whether or not you become a registered User of The MUZSTASH website. When you sign up as a Registered Member of The MUZSTASH website, you must agree to MUZSTASH’s Terms of Service, Community Rules, and Privacy Policy when prompted. The Terms constitute a binding legal agreement between you and MUZSTASH.
- All the provisions in the Terms of Service, together with MUZSTASH’s Privacy Policy and Community Rules, (and any applicable insurance coverage terms, loss damage waiver terms and condition checklist terms), establish the “Agreement” between you and MUZSTASH. If you elect to disagree to these Terms of Service, the Privacy Policy, and the Community Rules, you must refrain from signing up as a User of the MUZSTASH website or access or use The MUZSTASH website. The headings of sections and paragraphs herein are included only for convenience of reference and shall not control the meaning or interpretation of any of the provisions of the Agreement.
- By using MUZSTASH Marketplace, signing up as a User, creating a Listing, and/or renting or purchasing a Listing, you agree to the following:
Terms of Service: http://www.MUZSTASH.com/terms-of-service UPDATE UPON CREATION
Privacy Policy: http://www.MUZSTASH.com/privacy-policy UPDATE UPON CREATION
Community Rules: https://blog.MUZSTASH.com/2022/08/MUZSTASH-community-rules.html
- General Terms and Conditions
- MUZSTASH was originated as The MUZSTASH Marketplace with certain technology that enables Listing owners or vendors (hereinafter, “Hosts”), who are lessors of Listings, and renters (hereinafter, “Renters”), who are lessees of Listings, to communicate and arrange for the rental of Listings with each other. One Listing can be offered for rent by a Profile as an Host to a Renter.
- MUZSTASH is not an owner, seller, vendor, or operator of any Listings, except for Listings that are available on MUZSTASH’s own Profile. With possible exceptions in the future, at this point MUZSTASH does not own, rent, sub-rent, sub-lease any property nor items and if such an instance occurs in the future, the Terms covering that specific chapter of operations shall be revised and updated.
- Qualifications to Use MUZSTASH Marketplace: MUZSTASH Marketplace is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using The MUZSTASH Marketplace, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with MUZSTASH and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The MUZSTASH Marketplace. Any use of The MUZSTASH Marketplace by anyone under eighteen (18) is expressly prohibited.
- MUZSTASH Account Registration: In order to access certain and primary rental features of The MUZSTASH Marketplace, including listing, requesting, renting, you must register or sign-up to create a MUZSTASH account (herein, “MUZSTASH Account”), either by providing us your email address and creating a password. Your email address has to be active as certain correspondence through it will be required in order to confirm your eligibility to use The MUZSTASH website. After signing up as a User, you will have a User profile with a publically-viewable web address or URL (herein, “User Profile” or “Profile”). If you register a MUZSTASH Account and use a business display name, business-owned domain email address, business profile photo, business Profile logo, and/or business social links on your MUZSTASH Account, you agree and provide a personal assurance that you have the authority to bind the entity to this Agreement, and you agree that you, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. There is no option to transfer your MUZSTASH Account and/or User ID to another party and every new individual has to create a new account even if such individual represents the same company or entity. You may not register more than one (1) MUZSTASH Account unless MUZSTASH authorizes you to do so.
- Verification Procedure and Profile Badges: Prior to gaining ability to message another User(s), or list, rent, leave reviews you shall provide us and/or our service providers with certain information and documentation, including but not limited to current photographic, state or federal identification information and documentation, about yourself and/or your business to enable us to attempt to verify your identity in order to become a “Verified Member” (hereinafter, “Verified Member” or “Member”). You guarantee to provide complete and accurate information and documentation to us about yourself and/or your business, and timely correct all errors, once discovered, in the information and documentation that you have provided us and/or our service providers. MUZSTASH has the right, but not the obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Users and associated businesses, but MUZSTASH does not endorse any User (including User’s that create a business Profile), or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, in our sole discretion, use third-party services to verify the information and documentation you provide to us and to obtain additional related information and documentation and corrections where applicable and you hereby authorize MUZSTASH to request, receive, use, and store such information and documentation. We may accept or reject your application to establish a MUZSTASH Account and/or become a Verified Member at our sole discretion. In the case of disqualification, the website allows one-time review of the declined account verification attempt and accepts various forms of documents supporting your contest of the verifications decision, including but not-limited to: links to the active social media pages, certificates of achievement, grants, written endorsements and references.
- It is your sole choice to provide us with certain information and documentation about yourself and/or your business to become a Verified Member, however if you elect to do so, you provide the assurance to us that 1) any document, including a government-issued, state or federal identification document, that you provide to us is an accurate and unaltered image of the original document that is without error, and 2) that you have all necessary permissions to provide such documents to us and your submission of such documents to us will not violate any law, regulation, business policies or cause us to be subject to any investigation, prosecution or legal action. We may disclose your submitted document(s) or certain information and documentation, including personal information and documentation, you provide to our third-party service providers, investigators, and/or law enforcement agencies that may help us to detect inaccurate or fraudulent documents and related information. If you do not consent to our disclosure of the submitted information and documentation you provide, you must not provide them to us.
- We may at times offer features enabling Users to apply for or to receive certain digital insignias or medallions (hereinafter, a “Medallion”) to be associated with your MUZSTASH Account. It may include the active Hosts with a certain amount of equipment regularly listed for rent and identify one as the Business, rental house or active recording studio. Medallions are subject to the later design developments and description of such is to be added to the current chapter as the final design arrives to The MUZSTASH website.
- MUZSTASH Account’s Medallion program may be discontinued at any time without notice, and we reserve the right to grant and revoke a Medallion, or Verified Member status, for any User, at any time, and without any liability to MUZSTASHand without any explanation behind such change.
- User Information and Documentation Updates: It is in your best interest and it is your responsibility to update the information and documentation you have provided to us in the event of any changes to your identity information and documentation, contact information, or background in order to maintain your Verified Member status and in order to avoid any lapses or delays of your Verified Member status, additional MUZSTASH reviews may occur in case such change becomes discovered elsewhere without your direct request or update. You promise to, and are only culpable for, keeping your contact information up-to-date, as MUZSTASH may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.
- You promise to and are only answerable for immediately reporting to MUZSTASH any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. Additional criminal and/or background checks might be conducted by MUZSTASH if necessary or if updates on your criminal records occur elsewhere without your direct report or update of such to The MUZSTASH website. MUZSTASH reserves a right to occasionally run certain background and/or criminal record checks using third-party services in order to post the up to date information and allow its registered user to keep maintaining the Verified Member status.
- MUZSTASH’s Part: MUZSTASH’s responsibilities are limited to: (i) facilitating the availability of The MUZSTASH Marketplace; and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from the Renter, or third-party cardholder and/or bank account holder on behalf of the Host, while assessing any applicable rental fees, transaction fees, rental cancellation fees, late rental drop-off fees, Service Fees (Owner service fees), Community Fees (Renter service fees), Host Profits (Host profits after Service Fees are collected by MUZSTASH), Listing fees, insurance fees, loss damage waiver (‘Damage Only’ and ‘Damage + Theft’ as defined herein) fees and costs, deductibles, security deposits, any amounts owed by the Renter, or third-party cardholder and/or bank account holder to the Host, or MUZSTASH, and/or any amounts that the Renter, or a third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder, via their bank, dispute a charge to any of the third-party payment processors and/or service providers that we may use on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees (hereinafter, collectively known as “Transaction Costs”).
- As a Host, you agree to grant MUZSTASH the right to allow the Renter to use any Listings rented by them, as agreed to between you and the Renter. As a Host, you agree to fully authorize MUZSTASH to enter into agreements that include the aforementioned rights. You understand and agree that MUZSTASH does not act as an insurer, broker, or as your contracting agent. Any agreement you enter into with any other User is between you and the User and MUZSTASH is not a party to it.
- Website Access: We reserve the right, in our sole discretion, to withdraw or modify The MUZSTASH Marketplace and any services, listings or materials we provide on The MUZSTASH Marketplace without notice. We are not responsible if for any reason all or part of The MUZSTASH Marketplace is unavailable at any time or for any period of time. We may restrict access to some or all of our websites to users, including registered users and/or Verified Members.
- Account Security and Your Responsibilities: You are responsible for taking all necessary precautions to access The MUZSTASH Marketplace and ensuring that all persons accessing The MUZSTASH Marketplace via an internet connection are aware of and comply with these Terms. You may be asked to provide certain registration details or other information and documentation in order to access The MUZSTASH Marketplace or some resources provided by The MUZSTASH Marketplace. A prerequisite for using The MUZSTASH Marketplace is that all information and documentation provided by you is accurate, current and complete. You agree that the information and documents you provide to register on The MUZSTASH Marketplace, will be governed by our Privacy Policy.
- If you elect or receive a username, password or other information as part of our security procedures, you must treat this information as confidential and you must not disclose it to any person or entity. any other position. You also acknowledge that your MUZSTASH Account is personal to you and agree not to provide any other person with access to The MUZSTASH Marketplace or portions of it using your username, password, security information or your other password. You agree to notify us immediately of any unauthorized access or use of your username or password or any other breach of security. You also agree to ensure that you leave your MUZSTASH account at the end of each session. You should take special care when accessing your MUZSTASH account from a public or shared computer so that your password or other personal information cannot be viewed or recorded by others. We are not responsible for your failure to comply with this provision, nor for any delay in closing or securing your MUZSTASH account after you report unauthorized access to us. No third party authorized by MUZSTASH will ask you for your username and password, and you will not ask for another Member’s identifier.
- We offer a feature that allows a Member to add and authorize a third-party (hereinafter, “Authorized Person”) to act on behalf of the Member, including but not limited to, communicating, picking up Listings, and/or dropping off Listings with other Members, after a Member adds the Authorized Person’s name, email address, phone number, and/or government-issued ID. When you add an Authorized Person to a Listing rental, you understand and agree that you are still legally bound by, the provisions of the Terms, and you are are jointly and severally liable for any actions or inactions of the Authorized Person in relation to the Listing rental and transaction that you added the Authorized Person to, given that you are the responsible party for the Listing rental and transaction. You agree that if you or anyone makes a claim against the Authorized Person that is added to the Listing rental, you will indemnify and hold the MUZSTASH harmless from any liability, demand, loss, damage, or costs which you or another party may incur as the result of such claim. MUZSTASH is not responsible, or liable to any third party. Authorized Person is a subject to the additional review and/or background check if MUZSTASH finds such necessary.
- MUZSTASH Marketplace is the online platform where Members who comply with the Terms to offer, rent Listings from other Members. While we have a verification process for Members and a listing review process, we cannot guarantee the truthfulness, accuracy, or legitimacy of listings, and the ability for Hosts to rent out Listings, Renters to rent and pay for Listings. MUZSTASH also cannot guarantee that a member will make a rental transaction or guarantee the identity, nationality, and actual age of the Member. We recommend that you communicate directly with other Members using The MUZSTASH Marketplace to conduct your own assessment of another Member, and we strongly recommend that you do not transact with another Member when you’re not comfortable with a potential transaction.
- You agree that you will always use your MUZSTASH Account and The MUZSTASH Marketplace in accordance with the Terms, applicable law, and any other policies and standards made available to you by MUZSTASH. We reserve the right to deactivate any MUZSTASH account, profile, username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion, for any or no reason, including if, in our opinion, you have breached any provision of the Terms of Service.
III. Changes to the Terms
- We reserve the right to edit The MUZSTASH Marketplace or amend and update the Terms (as well as MUZSTASH’s Privacy Policy and Community Rules) from time to time, at our sole discretion. If we amend the Terms, we will then update the “Last Updated” date in these Terms and we will send an email to the email address that each User submitted and verified and/or post a notice on The MUZSTASH Marketplace regarding the changes applied to The MUZSTASH Marketplace. By continuing to access or use our website after we have posted an amendment and/or have notified you with notice of an amendment, you by default indicate that you agree to be bound by the revised Terms.
- All changes are effective upon posting and apply to all subsequent access and use of The MUZSTASH Marketplace. If the Revised Terms are not to your satisfaction, your sole remedy is to cease using and accessing The MUZSTASH Marketplace immediately and to close your MUZSTASH Account within 30 days, in which case, the previously effective version of the Terms (including the “Terms of Service”, last revised on August 26, 2022) will apply to you unless you have used The MUZSTASH Marketplace for intervening 30-day period, in which case the new Terms will apply to you. You hereby waive any and all claims and rights relating to the Notice of Change of Terms (and MUZSTASH’s Privacy Policy and Community Rules) or other related policies. In addition, certain Services made available through The MUZSTASH Marketplace may be subject to additional terms distributed by MUZSTASH from time to time, and your use of such Services is subject to those terms, conditions and additional policy, integrated into this Agreement by reference.
- Any changes to the dispute settlement provisions set forth in the Disputes (Arbitration Agreement) section and the Governing Law and Jurisdiction will not apply to disputes to which the parties were notified on or before the date the change is published on The MUZSTASH Marketplace
- Descriptions of Certain MUZSTASH Features
- MUZSTASH Rental: We provide a feature that allows Renters to request to rent, or rent a Listing offered for rental by a Host
- MUZSTASH Rental Cart: We offer a feature that allows Renters to put one Listing or multiple Listings, offered for rental by one or more Hosts, to a cart that aggregates the initial Transaction Costs, fees, and discounts, for all the Listings (hereinafter, “Cart”). A Renter has an option to select a Listing pick-up date and return date for a Cart. A coverage would be added for each Listing in a Cart that for any reason would not be covered by Renter’s own insurance provided prior to the reservation. A Renter can create multiple Carts, where each Cart is associated with one Host and one Rental Period.
- MUZSTASH Rental Chat: We provide a feature that allows Users to view a summary of a Listing rental, starting from when the Renter requests the Listing to when the rental is concluded (hereinafter, “Rental Chat”). The Rental Chat includes the Host’s and Renter’s MUZSTASH Account names, any Authorized Person(s) added by a User, the Listing title that is linked to the Listing web address or URL, the original Rental Period, the Rental Invoice number that is linked to the Rental Invoice (detailed below), the order summary that includes any initial fees or profits associated with the rental, and a conversation thread between Host and Renter that include Service system messages. The Rental Chat for the Host and Renter may show different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that be available to each User. A Rental Chat may include multiple Listings if the Renter requested multiple Listings to one Cart.
- MUZSTASH Message Conversation: We provide a feature that allows Users to send messages to each other (hereinafter, “Message Conversation”) via a Listing or Profile. We recommend that any correspondence regarding a rental request, pending rental, active rental, concluded rental, between two Users remain on the relevant Rental Conversation and that the Message Conversation be used for other questions and correspondence.
- MUZSTASH Rental Invoice: We offer a feature that allows Users to view a rental invoice that relates to a Rental Conversation (hereinafter, “Rental Invoice”). The Rental Invoice includes both User’s contact information, the Renter’s payment information (PayPal information, cardholder and/or bank account holder name), the original Rental Period, and an order summary that includes any Transaction Costs and Owner profits associated with the rental.
- MUZSTASH ACE: After certain time on The MUZSTASH Marketplace, well established Verified Members without outstanding disputes, balances and with less than one negative reviews would be offered a SERVIce monthly subscription feature that waives The MUZSTASH Marketplace fees and applies to all monthly transactions. The early version of the feature is proposed to be available in the near future and the offer to join in company with the details of it is to be shared with qualified Users via email on or after the launch date (to be determined).
- FOR A MUZSTASH RENTAL, YOU UNDERSTAND AND AGREE THAT MUZSTASH’S TERMS OF USE AND COMMUNITY RULES, IN CONJUNCTION WITH YOUR RENTAL CHAT AND RENTAL INVOICE, EFFECTIVELY INSTITUTES THAT A RENTAL TOOK PLACE BETWEEN THE YOU AND OTHER USER IDENTIFIED YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR RENTAL CHAT AND/OR RENTAL INVOICE.
- Once a Renter agrees to rent a Listing on MUZSTASH, we process payment from the Renter or and remit payment to the Listing Host. We may use third-party payment providers to process transactions. By using The MUZSTASH website, you agree to pay us and receive payment through our payment providers (such as PayPal and Stripe) to process transactions. By using the Service, you agree to pay us and receive payment through our payment providers, and you agree to the terms and conditions and privacy policies of our third-party providers.
- By providing MUZSTASH with payment credentials and billing information, you authorize MUZSTASH and any third-party payment processors and/or service providers that we may use, to store your payment credentials (whether it is a personal or business account) and billing information for future use by you, and for future charges for any unpaid balances, you may owe to an Owner, and/or MUZSTASH.
- You authorize MUZSTASH, or you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized MUZSTASH, to use stored payment credentials and billing information for any unpaid balances of Transaction Costs that include, but are not limited to, rental fees, transaction fees, Service Fees (Owner service fees), MUZSTASH Fees (Renter service or Platform fees), Owner Profits (Owner earnings after Service Fees are collected by MUZSTASH), Listing fees, insurance fees, costs, deductibles, security deposits, any amounts owed by the you or the third-party cardholder and/or bank account holder to a Host, and/or MUZSTASH, and/or amounts that you or the third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder’s bank disputes a charge to our payment processor on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees.
- By providing MUZSTASH with payment credentials (whether it is a personal or business account) and billing information for a third-party cardholder and/or bank account holder, you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized MUZSTASH and any third-party payment processors and/or service providers that we may use, to store the third-party cardholder and/or bank account holder’s payment credentials and billing information for future use by you and the third-party cardholder and/or bank account holder, and for future charges for any unpaid balances you or the third-party cardholder and/or bank account holder may owe to an Owner, and/or MUZSTASH. You and the third-party cardholder and/or bank account holder agree that you and the third-party cardholder and/or bank account holder are jointly and severally liable for any unpaid balances you may owe to an Owner, and/or MUZSTASH.
- If you opt to make an Automated Clearing House (ACH) payment or electronic check withdrawal, you agree to authorize MUZSTASH, LLC to electronically debit my account and, if necessary, electronically credit my account to correct erroneous debits. Please print the ACH authorization and retain a hard copy or electronic copy for your records.
- We reserve the right to authorize additional, phone application based third parties such as CashApp and Venmo to service payments on the Platform in the future and shall add an appropriate edit to the Terms related to its usage and terms specifics.
- You may authorize a third party to use your MUZSTASH Account under this Agreement. You acknowledge and agree that anyone you authorize to use your MUZSTASH account may use payment information and stored payment information on your behalf, and you will be responsible for any payment made by that person.
- MUZSTASH will pursue all methods available by law to collect outstanding balances. We may also use collection agencies and legal counsel to collect outstanding balances and applicable late fees. MUZSTASH, and any collection agencies we engage with, may report outstanding balances and any related MUZSTASH account information to the credit bureaus for further reflection on your credit report.
- As a Host, you understand and agree that if MUZSTASH is unable to collect any Transaction Costs and funds related to a Listing rental, including disputed charges, from the Renter, you will refund any Host profits or funds that were transferred to you, or the bank account added on your MUZSTASH Account, directly to MUZSTASH immediately. You also agree and authorize MUZSTASH to withdraw funds from the bank account added on your MUZSTASH Account, if necessary to reimburse MUZSTASH for any Transaction Costs including Fees and funds related to a Listing rental that MUZSTASH is by any reason unable to collect from the Renter.
- If MUZSTASH receives a dispute or chargeback from a cardholder and/or bank account holder for fees owed by you for using the MUZSTASH Website, you agree to promptly pay MUZSTASH the amount of the dispute and litigation of $50.00 per dispute fee. MUZSTASH will respond to any dispute with any information indicating that the charge has been authorized by you or a third party cardholder and/or bank account holder.
- You agree that all communication, including but not limited to communication from MUZSTASH, a collection agency, or legal counsel, regarding unpaid balances, delinquent accounts, and amounts owed to other Users may be made by contacting you via the email address (electronic mail) or phone number you provided on your MUZSTASH account. In some cases, communication regarding unpaid balances, delinquent accounts, and amounts owed to other Users or MUZSTASH may be made by mailing a letter to the address you provided on your MUZSTASH account. You may dispute the information that MUZSTASH reports to a credit bureau by contacting info@MUZSTASH.com or support@MUZSTASH.com, or you may elect to contact the involved collections agency directly if they made a report to a credit bureau.
- If you choose to make or accept payments, you agree to pay the respective service fees. MUZSTASH reserves the right to alter the service fees from time to time at its own discretion.
- Making a payment requires you to maintain an account with MUZSTASH’s payment processor (“Payment Provider”). MUZSTASH uses Stripe, Inc. (“Stripe”), and/or PayPal Holding, Inc. (“PayPal”) a payment processing service, as its Payment Provider. Accepting the payment requires you to have a PayPal Business and/or Stripe Business account. If you wish to use this feature, you must enroll for the service through Stripe and/or PayPal. By enrolling, you enter into an agreement with Stripe and/or PayPal subject to the terms of the Stripe and/or PayPal Connected Account Agreement, which includes the Stripe, Stripe Business and/or PayPal, PayPal Business Terms of Service (collectively, the “Stripe Services Agreement”). MUZSTASH is not a party to the Stripe Services Agreement or Paypal Services Agreement and is not responsible for the payment services provided by Stripe. If Stripe and/or PayPal discontinues providing services in connection with making or accepting payments through The MUZSTASH Marketplace you authorize Stripe and/or PayPal to share your payment method information with an alternative Payment Provider.
- MUZSTASH may, in its sole discretion, from time to time impose limits on your ability to make and/or receive payments through The MUZSTASH Marketplace. In addition, the payment service provider may impose its own limitations on your use to make or accept payments on The MUZSTASH Marketplace. THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO ACCEPT PAYMENTS BEFORE YOU CAN RECEIVE RENTAL OR SALE PROCEEDS VIA The MUZSTASH Marketplace. IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A RENTAL OR SALE PROCESSED THROUGH The MUZSTASH Marketplace, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE RENTAL PROCEEDS.
- The Renter’s payment, less any applicable MUZSTASH Service and/or Insurance fees, will be released to the seller typically 1 to 3 business days after a rental has been concluded, provided that no issues or incidents are reported to MUZSTASH. Issues or incidents may result in delay and/or cancellation of payment being released. Hosts authorize the Payment Provider to pay MUZSTASH from Host’s account any fees incurred by the Host from using The MUZSTASH website.
- If you choose to make or accept payments, you agree to pay the relevant service fees. MUZSTASH reserves the right to change the service fees from time to time.
- For large transactions, the amount of which is subject of MUZSTASH’s consideration case-by-case basis and that might require security deposit and pre-rental funds verification, MUZSTASH uses Plaid Technologies, Inc. (“Plaid”) to gather User data from financial institutions. By using our service (The MUZSTASH Marketplace), you grant MUZSTASH and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy, available at https://plaid.com/legal/.
- MUZSTASH may offer financing options and alternative ways of resolving financial disputes through third-party financing partners (“Financing Partners”). You acknowledge that Financing Partners are not agents nor affiliates of MUZSTASH and we are not bound by the representations, promises, assurances, or guarantees provided by any Financing Partners. By using The MUZSTASH Marketplace you hereby waive and release any and all claims against MUZSTASH that arise out of your use of, or the services of, any Financing Partners.
- Hosts are responsible for creating their own Listings, and for the accuracy and content of their Listings. Hosts must accurately describe the Listing and all of the Listing contents, so that the Renter, MUZSTASH, insurance companies, law enforcement, or courts can review exactly what a Renter rented. Hosts must only upload photos that accurately represent the Listing that they are offering to rent to a Renter. Hosts could at their own discretion upload additional pictures featuring current blemishes, damages, flaws and inconsistencies of their listed items for further accuracy with the possible claims, disputes and transparency between Members of The MUZSTASH Marketplace. In addition to the photographs, It is highly recommended that Hosts upload the completed pre-rental checklists to The MUZSTASH Marketplace cloud storage and mark down all existing blemishes, damages, flaws and inconsistencies prior to making your Listing available to Members. It is also recommended to Renters that have noticed unreported blemishes, damages, flaws and inconsistencies to contact the Host immediately in order to update the pre-rental checklist, both Renters and Hosts are also welcome to forward the contents of the correspondence between both parties to MUZSTASH via email at support@MUZSTASH.com. Issues, blemishes, damages, flaws and inconsistencies reported by Renter later than one (1) hour from the moment of the reservation start time are subject to investigation. From time to time, MUZSTASH might require Hosts to upload the completed checklists in order to enable and activate certain Listings on The MUZSTASH Marketplace.
- MUZSTASH takes a note on the Replacement Value of the certain items listed on The MUZSTASH Marketplace and adjusts it accordingly depending on, but not limited to the current MSRP of the item, it’s known and verified by the latest checklists and the photographs condition, rarity and age of the item and other factors. If you as a Host have any suggestions or questions regarding notated value of an item presented on your Listing, you may at any time inquire its proposed Replacement Value via email at info@MUZSTASH.com. Accordingly, you, as a Host, agree that a Renter, an insurance company, and/or MUZSTASH does not owe the Host an amount for the repair or replacement of the Listing in excess of the proposed Replacement Value at the time the Renter submits a rental request for the Listing.
- MUZSTASH reserves the right to change the price of a Host’s Listing. MUZSTASH does so in order to maintain reasonable rental prices relative to other listing prices, with the intention to increase the likelihood that a Hosts will have their Listing rented by a Renter. If a Host does not agree with a price change, they have the option of closing their listing at any time, refusing to accept a rental request or contacting MUZSTASH to discuss the issue.
- The period of time between when the Host (or the Host’s Authorized Person) releases custody and control of the Listing to the Renter (or the Renter’s Authorized Person) and when the Renter (or the Renter’s Authorized Person) returns custody and control of the Listing to the Host (or the Host’s Authorized Person) is known as the “Rental Period.” A Renter must request an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Host may accept the Rental Period that the Renter requests. A Renter must request any modifications to an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Host may accept any modifications to a Rental Period that the Renter requests. Any Renter modifications to the Rental Period that are not accepted by the Host are not authorized and may result in MUZSTASH or the Host making a police report against the Renter and pursuing legal action against the Renter.
- If the Renter damages, loses, steals, converts, transfers custody and control to a third-party, and/or fails to return the Host’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Host’s Listing, up to the specified limit purchased and/or the Replacement Value of the Listing (as provided on the Listing when a Renter requests a Listing) and/or the amount not covered by a Renter’s coverage option or an insurance policy, and/or the entire deductible amount (if applicable) for the coverage option or insurance policy that covers the Listing. Renters are not liable for pre-existing damage, cosmetic, mechanical or electrical issues, blemishes with a Host’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing. Please refer to our pre-rental photos and checklists recommendations in the Paragraph 53.
- MUZSTASH is not liable for a User’s (or the User’s Authorized Person) deceptive or fraudulent acts, the voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s (or the User’s Authorized Person) deceptive or fraudulent acts and a User’s (or the User’s Authorized Person) use of The MUZSTASH Marketplace, but MUZSTASH agrees to fully cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.
NOTE: AS STATED ABOVE, THE MUZSTASH MARKETPLACE IS INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING, COMMUNICATING, LISTING, RENTING LISTINGS DIRECTLY WITH EACH OTHER. MUZSTASH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTINGS. MUZSTASH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ACCORDINGLY, ANY RENTALS WILL BE MADE AT THE USER’S OWN RISK. IN NO EVENT SHALL MUZSTASH BE LIABLE TO A USER OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON THE MUZSTASH MARKETPLACE. WHILE MUZSTASH WILL EXPECT A USER OR A RELATED THIRD PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, MUZSTASH WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
- MUZSTASH cannot and does not specialize in offering tax-related advice to any Users. Please consult your tax advisor to determine the tax treatment of your rental activities and keep all relevant documentation. This statement is provided for informational purposes only and is not intended to account for tax advice.
- MUZSTASH will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. MUZSTASH maintains a list of the states where it collects sales tax. If you are in a state where MUZSTASH does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for rentals made through The MUZSTASH Marketplace.
- MUZSTASH may need to report your income from MUZSTASH Marketplace transactions to tax authorities if you reach certain activity thresholds on our website. If MUZSTASH determines that it is necessary to report your income, we and/or our payment providers will ask you for personal information, such as your social security number to complete tax form 1099-K. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information. MUZSTASH is not responsible, in any manner, for paying taxes on your earnings or your use of The MUZSTASH Marketplace.
- When you sign up as a Member of The MUZSTASH Marketplace, you must agree to MUZSTASH’s Community Rules, along with the Terms of Service and Privacy Policy, when prompted. A current version of the Community Rules is available here: https://blog.MUZSTASH.com/2022/08/MUZSTASH-community-rules.html
- Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of illness, or injury, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FREELY, VOLUNTARILY, AND KNOWINGLY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING A LISTING, INCLUDING EACH ITEM THAT AN OWNER RENTS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, USED DURING THE RENTAL, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE LISTING RENTAL.
- Release and Waiver: You acknowledge and agree that:(1) You have properly evaluated the risks involved in the rental and have made an informed and voluntary decision to participate in the rental; (2) You alone, and not the Listing Host, are responsible for determining your suitability to participate in the rental and your ability to fully understand any instructions or warnings presented; (3) You will act reasonably and responsibly and will comply with any provided and customary conditions, instructions, and/or precautions for participation in the rental. If you notice any hazard during the Rental Period, you will stop participating in the rental immediately and inform the listing Host; (4) You will not participate in any rental when you have a physical, medical, or mental limitation or disability that may be related to or may affect the use of the Listing that you are renting, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY KIND WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL, WHETHER BASED ON PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY.
- If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You agree and understand that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
- You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the fullest extent permitted by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
- Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW, LISTING OWNERS PROVIDE THEIR LISTINGS “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, LISTING OWNERS EXPRESSLY DISCLAIM ANY FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, WARRANTIES OF SAFETY AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
- Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner relating to a Listing rental, you will indemnify and hold the Listing Owner harmless from any loss, damage, cost, liability, or demand which the Owner may incur as the result of such claim.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF WAIVER, RISK, RELEASE, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.
- The MUZSTASH Marketplace and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by MUZSTASH, its licensors, or other providers of such material and are protected by the United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms permit you to use the website for your personal, non-commercial use only. Any and all commercial use by you of the website must be expressly authorized by MUZSTASH.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows: 1) You may store files that are automatically cached by your Web browser for display enhancement purposes; 2) Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 3) You may print or download one copy of a reasonable number of pages of website for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) If we provide mobile or other applications for download, you may download a single copy to your device only for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications; and/or 6) If we provide social media features with certain content, you make take such actions as are enabled by such features.
- You must not: 1) Modify copies of any materials from this site; 2) Use any photographs, illustrations, video or audio sequences, or any graphics separately from the accompanying text; and/or 3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the website or any services or materials available on the MUZSTASH Marketplace without MUZSTASH’s authorization. If you wish to make any use of material on the MUZSTASH Marketplace other than that set out in this section, please make your request to:info@MUZSTASH.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the MUZSTASH Marketplace in breach of the Terms, your right to use the MUZSTASH Marketplace will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the MUZSTASH Marketplace or any content on the MUZSTASH Marketplace is transferred to you, and all rights not expressly granted are reserved by MUZSTASH. Any use of the MUZSTASH Marketplace not expressly permitted by the Terms is a breach of the Terms and may violate trademark, copyright, and other laws.
- MUZSTASH name, the term “MUZSTASH,” the MUZSTASH Marketplace or MUZSTASH logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MUZSTASH or its affiliates or licensors. You must not use such marks without the prior written permission of MUZSTASH. All other names, logos, product and service names, designs, and slogans on the MUZSTASH Marketplace are the trademarks of their respective owners.
- Prohibited Uses: You may use the MUZSTASH Marketplace only for lawful purposes and in accordance with the Terms. You agree not to use the MUZSTASH Marketplace: 1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 3) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms; 4) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 5) To impersonate or attempt to impersonate MUZSTASH, a MUZSTASH employee, another User or any other person or entity (including, without limitation, by using email addresses, display names, usernames, social links, or bios associated with any of the foregoing); and/or 6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the MUZSTASH website, or which, as determined by us, may harm MUZSTASH or Users of the MUZSTASH website or expose them to liability. Additionally, you agree not to: 1) Use the MUZSTASH Marketplace in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the MUZSTASH Marketplace, including their ability to engage in real-time activities through the MUZSTASH Marketplace; 2) Use any manual process to monitor or copy any of the material on the MUZSTASH Marketplace or for any other unauthorized purpose without our prior written consent; 3) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the MUZSTASH Marketplace, the server on which the MUZSTASH Marketplace is stored, or any server, computer or database connected to the MUZSTASH Marketplace; 4) Use any device, software or routine that interferes with the proper working of the MUZSTASH Marketplace. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; 5) Use any robot, spider or other automatic device, process or means to access the MUZSTASH website for any purpose, including monitoring or copying any of the material on the MUZSTASH website; 6) Attack the MUZSTASH Marketplace via a denial-of-service attack or a distributed denial-of-service attack; and/or 7) Otherwise attempt to interfere with the proper working of the MUZSTASH Marketplace.
- The MUZSTASH Marketplace may contain Listings, User Profiles, message boards, personal web pages or profiles, forums, blogs, comment sections, social media features, and other interactive features (collectively, “Interactive website”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the MUZSTASH Marketplace. All User Contributions must comply with the Content Standards set out in the Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the MUZSTASH Marketplace, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- You represent and warrant that: 1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; 2) All of your User Contributions do and will comply with the Terms; and 3) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MUZSTASH, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the MUZSTASH Marketplace.
- We have the right to: 1) Delete or refuse to post any User Contributions for any or no reason in our sole discretion; 2) Take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, breach any intellectual property right or other right of any person or entity, threatens the personal safety of Users of The MUZSTASH Marketplace or the public or could create liability for MUZSTASH; 3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MUZSTASH Marketplace; and/or 5) Terminate or suspend your access to all or part of the MUZSTASH Marketplace for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the MUZSTASH Marketplace.
YOU WAIVE AND HOLD HARMLESS MUZSTASH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MUZSTASH AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MUZSTASH OR LAW ENFORCEMENT AUTHORITIES.
- However, we do not undertake a review of all material before it is posted on the MUZSTASH Marketplace, and cannot ensure fast removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
- The following content standards apply to any and all User Contributions and use of the MUZSTASH Marketplace. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: 1) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; 2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 3) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; 4) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy; 5) Be likely to deceive any person; 6) Promote any illegal activity, or advocate, promote or assist any unlawful act; 7) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; 8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 9) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or 10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- After a completed transaction, MUZSTASH Users can leave a publicly-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of MUZSTASH. Ratings and Reviews are not verified by MUZSTASH for accuracy and may be incorrect or misleading. Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to content terms in this Agreement and may be removed by MUZSTASH. Ratings and Reviews may also be displayed elsewhere on the MUZSTASH Marketplace together with other relevant information about the User.
- The information presented on or through the MUZSTASH Marketplace is made available only for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the MUZSTASH Marketplace, or by anyone who may be informed of any of its contents. The MUZSTASH Marketplace may include content provided by third parties, including materials provided by other Users, bloggers, syndicators, and third-party licensors, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MUZSTASH, are onley the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MUZSTASH. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- If you believe that any User Contributions violate your copyright, email info@MUZSTASH.com for a copy of our Copyright Policy and for instructions on sending us a notice of copyright violation. It is the policy of MUZSTASH to terminate the MUZSTASH Accounts of repeat violations.
- We may update the content on the MUZSTASH Marketplace from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the MUZSTASH Marketplace may be out of date at any given time, and we are under no obligation to update such material. All information and documentation we collect on the MUZSTASH Marketplace is subject to our Privacy Policy. By using MUZSTASH Marketplace, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- All actions through our site or other transactions for the rental of Listings or information formed through the MUZSTASH Marketplace or as a result of visits made by you are governed by our terms and conditions which are hereby incorporated into these Terms. Additional terms and conditions may also apply to certain portions, services, or features of the MUZSTASH Marketplace. All such additional terms and conditions are incorporated herein by reference.
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The MUZSTASH Marketplace may provide certain social media features that enable you to: 1) Link from your own or certain third-party services to certain content on the MUZSTASH Marketplace; 2) Send emails or other communications with certain content, or links to certain content, on the MUZSTASH Marketplace; and/or 3) Cause limited portions of content on the MUZSTASH Marketplace to be displayed or appear to be displayed on your own or certain third-party services. You may use these features onley as they are provided by us onley with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 1) Establish a link from any website that is not owned by you; 2) Cause the MUZSTASH Marketplace or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; 3) Link to any part of the MUZSTASH Marketplace other than the homepage; and/or 4) Otherwise take any action with respect to the materials on the MUZSTASH Marketplace that is inconsistent with any other provision of the Terms. The MUZSTASH Marketplace from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
- If The MUZSTASH Marketplace contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including online advertisements, promoted Listings, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to The MUZSTASH Marketplace, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
THE FOLLOWING SECTION AFFECTS YOUR RIGHTS REGARDING HOW CLAIMS YOU AND MUZSTASH HAVE AGAINST EACH OTHER, AND HOW CLAIMS YOU AND OTHER USERS HAVE AGAINST EACH OTHER, ARE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
- Subject to applicable law, you and MUZSTASH agree that any claim or dispute at law or equity that has arisen or may arise between us, or may arise between us, relating to or arising out of this Agreement or any previous versions of the Agreement, your use of and access to the Service, or any breach, termination, or enforcement of this Agreement will be resolved in accordance with the provisions set forth in this “Disputes (Agreement to Arbitrate)” section of the Agreement. This will preclude you from bringing any class, collective, or representative action against MUZSTASH and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MUZSTASH by someone else.
- Contact MUZSTASH: If a dispute arises between you and MUZSTASH, we want to do our best to help resolve the dispute. Disputes between you and us may be reported to info@MUZSTASH.com or to support@MUZSTASH.com.
- Applicable Law: You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and MUZSTASH, except as otherwise stated in this Agreement.
- Agreement to Arbitrate: You and MUZSTASH each agree that any and all disputes or claims that have arisen or may arise between you and MUZSTASH (including its respective subsidiaries, employees, officers, directors, and agents), or between your and another User, relating in any way to or arising out of this or previous versions of the Agreement, your use of, or access to the Service, or any services sold, offered or purchased through The MUZSTASH Marketplace or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, as an alternative to resolving a dispute in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the threatened or actual infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this “Disputes (Agreement to Arbitrate)” section.
- Prohibition of Class Name and Representative Actions and Non-Individualized Relief: YOU AND MUZSTASH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MUZSTASH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS NAME PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MUZSTASH USERS.
- Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms as a court would.
- You and MUZSTASH agree that any dispute, claim, or controversy under $25,000 in value arising out of or relating to this Agreement, whether between you and MUZSTASH or between you and other Users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered or conducted by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any FairClaims arbitration hearing shall be held via videoconference. You consent to electronic service of process, with service to be made to the email address we have on record for your account.
- You and MUZSTASH agree that any dispute, claim, or controversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and MUZSTASH or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by the American Arbitration Association (“AAA”) (https://www.adr.org) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this “Disputes (Agreement to Arbitrate)” section of the Agreement. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s services at http://www.adr.org. The arbitration shall be held in Los Angeles County, California, or at another mutually agreed location.
- You or MUZSTASH may elect to have the arbitration conducted by telephone or based only on written submissions, which election shall be binding on you and MUZSTASH subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or MUZSTASH, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of FairClaims Arbitration: The parties agree to split all FairClaims fees evenly, or MUZSTASH may elect, but is not obligated to, to cover all FairClaims fees. You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court, or other fees associated with such action.
- Costs of AAA Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MUZSTASH for all fees associated with the arbitration paid by MUZSTASH on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
- Non-Disclosure: You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims or AAA arising out of or relating to this Agreement shall be held and will remain confidential and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or MUZSTASH, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, MUZSTASH or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and MUZSTASH.
- Severability: With the exception of any of the provisions in any subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in a subsection of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply.
- Opt-Out Procedure: You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). Please email us at info@MUZSTASH.com or support@MUZSTASH.com for the mailing address. For new MUZSTASH Users, the Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept the Agreement for the first time. If you are already a current MUZSTASH User and previously accepted the Agreement prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than October 5, 2016. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address used to log in to MUZSTASH Accounts to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Changes to the Agreement to Arbitrate: Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or services link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against MUZSTASH prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to www.MUZSTASH.com, and shall not be effective as to any claim that was filed in a legal proceeding against MUZSTASH prior to the effective date of termination.
- MUZSTASH, LLC, the owner of The MUZSTASH Marketplace, is based in the United States. We provide The MUZSTASH website for use only by persons located in the United States. We make no claims that The MUZSTASH website or any of its content is accessible or appropriate outside of the United States, or accessible or appropriate for non-United States residents. Access to The MUZSTASH Marketplace may not be legal by certain persons or in certain countries. If you access The MUZSTASH Marketplace from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- You agree to defend, indemnify and hold harmless MUZSTASH, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of The MUZSTASH Marketplace, including, but not limited to, your User Contributions, any use of The MUZSTASH Marketplace’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained fromThe MUZSTASH Marketplace.
- You understand that we cannot and do not or warrant that files available for downloading from the internet or The MUZSTASH Marketplace will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF The MUZSTASH Marketplace OR ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. YOUR USE OF The MUZSTASH Marketplace, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace IS AT YOUR OWN RISK. The MUZSTASH Marketplace, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MUZSTASH NOR ANY PERSON ASSOCIATED WITH MUZSTASH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF The MUZSTASH Marketplace. WITHOUT LIMITING THE FOREGOING, NEITHER MUZSTASH NOR ANYONE ASSOCIATED WITH MUZSTASH REPRESENTS OR WARRANTS THAT The MUZSTASH Marketplace, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT The MUZSTASH Marketplace OR ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MUZSTASH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- If you have a dispute with a MUZSTASH User, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, any third-parties (including but not limited to related insurance carriers, insurance agents, and/or insurance companies), you release MUZSTASH, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands, and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code Section 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IN NO EVENT WILL MUZSTASH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, The MUZSTASH Marketplace ANY SERVICES LINKED TO IT, ANY CONTENT ON The MUZSTASH Marketplace OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH The MUZSTASH Marketplace OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUZSTASH AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “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.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.
YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF MUZSTASH AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON MUZSTASH’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.
- If MUZSTASH pays out a claim, reversal, or chargeback that you file against another MUZSTASH User, you agree that MUZSTASH assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in MUZSTASH’s discretion.
- If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, MUZSTASH will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
- All matters relating to The MUZSTASH Marketplace and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, the Terms or The MUZSTASH Marketplace shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR The MUZSTASH Marketplace MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- No waiver of by MUZSTASH of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MUZSTASH to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- The Terms (including the Agreement to Arbitrate), Privacy Policy, and Community Rules constitute all the agreements (together and in their entirety) between you and MUZSTASH, LLC with respect to The MUZSTASH website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to The MUZSTASH website.
- The MUZSTASH Marketplace is operated by MUZSTASH, LLC. All notices of copyright infringement claims should be sent to info@MUZSTASH.com. All other questions, feedback, comments, requests for technical support, and other communications relating to The MUZSTASH Marketplace should be directed to: info@MUZSTASH.com or support@MUZSTASH.com.