Please review carefully the terms and conditions set forth below before using the DigiMusicBids.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to DigiMusicBids.com (or DigiMusicBids). The DigiMusicBids.com web site is offered to you by DigiMusicBids, LLC, conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein.

By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by these Terms of Service for each use and each visit of this Site. If you do not agree to these Terms of Service, you should not access this Site.
These Terms and Conditions are entered into between DigiMusicBids.com and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms of Service on that person's behalf. Unless explicitly stated otherwise, these Terms of Service will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
 DigiMusicBids.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. For purposes of this agreement, Users are classified as Service Buyers or Service Providers, Vendors, Hirers or Freelancers, respectively.

Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on _____________ for all users.

MEMBER ELIGIBILITY
Our Services are available only to legal entities and individuals in business who are 18 years or older and can form legally binding contracts. To register for an Account with DigiMusicBids.com and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. DigiMusicBids.com reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.Your DigiMusicBids   Membership is non transferable, assignable or saleable to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. You are solely responsible for compliance with all applicable export/import laws, regulations, taxes, licenses and fees.

ABOUT DIGIMUSICBIDS   AND DESCRIPTION OF SERVICES
DigiMusicBids.com  makes the Site available as an online workplace dedicated to the music industry where Buyer for professional services ("Service Buyers") and Providers of professional services ("Service Providers, Vendors,  Hirers or Freelancers ") identify each other and collaborate to take advantage of the following services (collectively, the "Services ").DigiMusicBids.com offers a wide range of tools, content, products, services, benefits, and other resources on its Site of particular interest to freelancers and to enable them to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.
DigiMusicBids.com provides unmonitored access to third-party content. DigiMusicBids.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. DigiMusicBids.com does not control nor always review the web sites to which we link from DigiMusicBids .com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from DigiMusicBids.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
DigiMusicBids.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using DigiMusicBids.com for User's account.
DigiMusicBids is a neutral marketplace and makes the Site available as an online venue where Buyers and Service Providers (as such terms are defined below) locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):

Marketplace Services
The Site is an online marketplace  where: (1) Buyers post project descriptions ("Projects") to receive proposals or conduct searches and locate, connect with, choose, and engage Service Providers for Projects directly; and (2) Service Providers advertise their capabilities, bid on Projects, respond to inquiries, and locate, connect with and engage to provide their Services directly to Buyers. In providing the Connection Services, DigiMusicBids   does NOT source or deliver Projects. DigiMusicBids   only provides the venue for Buyers and Service Providers to find and contract with each other for Projects.

Workplace Services

The Site is also a venue where DigiMusicBids.com provides to Buyers and Service Providers certain collaboration, feedback, and billing and payment tools, dispute resolution process and dispute assistance, escrow, and other Services (collectively, "WorkplaceServices"). Transaction Services does not mean Connection Services.

REMOVAL FROM NETWORK
DigiMusicBids.com reserves the right to terminate the participation of any Member or site without reason but expressly including any Member site that DigiMusicBids.com judges to be in violation of the Terms and Conditions.
Members in violation of DigiMusicBids.com's Terms and Conditions will be deactivated upon review and decision. DigiMusicBids.com may deactivate Members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from DigiMusicBids .com. Members that are terminated by DigiMusicBids.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from DigiMusicBids .com. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the DigiMusicBids   marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of Members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a Member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
Buyers and Provider who post bid requests or place bids that go against this purpose will have their postings deleted and their DigiMusicBids accounts terminated. This includes, but is not limited to, bid requests asking for 'pro-bono' work, work in exchange for a commission/percentage of sales of a product, or a swap for non-cash compensation. It also includes bids where the provider who bids offers to do the work or provide a solution 'pro-bono'. However, In the event that an irresolvable dispute arises as a result of a transaction, both buyer and provider bidding agree that as a "middle-man", DigiMusicBids is completely harmless and not liable in any way for said dispute. 
When your Membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions comprising "Disclaimer Of Liability And Warranties”,  "Limitation of Liability," "Member Dispute/Release," "Indemnity," "Protection Of Intellectual Property Content," "General," "Record Keeping/ Audit" and " Payment System Services" will survive termination of this Agreement.

RULES FOR UPLOADING BEATS

Any beat that is being posted by a producer ( Vendor) must be a beat that is produced/or owned by the producer.

Fraud/Sampling: If a seller is selling beats on DigiMusicBids.com, they must be original and not sampled. DigiMusicBids.com has no way to monitor or endorse if a beat is sampled and they cannot be held liable for any sampled or falsely presented beats and hence any adverse claims thereto. The producers who claim the beats produced are their original work are to be held liable for any issues dealing with beat fraud or sampling.
Sellers of Beats on DigiMusicBids.com
We provide two different ways of selling beats on the Site. It is important to understand how the Non Exclusive and Exclusive beats works when you are selling a beat on DigiMusicBids.com.

Non-Exclusive License: A Non-Exclusive beat are beats that a producer can sell the rights to use the beat to multiple people on DigiMusicBids.com This means even though you have sold the beat once, you are able to sell it to as many people as you would like.

Buyers of Non-Exclusive beats are subject to the following license agreement: Non-Exclusive License Agreement.
Exclusive License: An Exclusive Beat is a beat that the producer can only sell the beat once. Once the beat is purchased, the buyer becomes the only person with rights to use the beat. The user gains the right to use it in commercial and non commercial venue. The buyer is not allowed to resell the beat to a third party. If the beat is used for commercial purposes with a record label with gross revenue of over $1,000,000, the producer must receive credit for the beat, unless agreed upon otherwise by the two parties.

Buyers of Exclusive beats are subject to the following license agreement: Exclusive License Agreement.

FEES FOR SELLING
DigiMusicBids.com does not charge producers in terms of payment fees. Although DigiMusicBids.com offers a no commission fee, producers will be liable for all Paypal and credit card fees incurred in a transaction. There is a beat transfer fee for selling beats, but the buyer pays for it. This is to ensure that producers get the full amount for the beat.

PROVIDER MEMBERSHIP FEES
DigiMusicBids.com offers Services Providers with three (3) charged Membership programs. Membership fees, whether paid monthly, quarterly, or annually, are charged up-front and no refunds or credits shall be given upon cancellation. The cancellation of a Membership will go into effect at the end of the billing period. If you downgrade your Membership to a lower-cost Membership or a shorter payment plan, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. We reserve the right to modify our Membership programs at any time, upon a reasonable notice posted in advance on this Site.

COMMISSION FEES
DigiMusicBids.com offers avenues for Vendors to sell their products or services on the Site. For such services, we charge a commission fee that varies on a case by case basis depending on the products and services on sale. Such a commission fee shall be discussed with the Vendor and shall be updated in the Vendor Member area. We reserve the right to modify our commission fees at any time, upon a reasonable notice posted in advance on this Site.

ADVERTISING FEE
We also charge Advertising fee to offer our advertising space for banner ads and similar mediums of advertising which shall be discussed to the chosen advertiser upon agreement. We reserve the right to modify our commission fees at any time, upon a reasonable notice posted in advance on this Site.

BUYER FEES
Buyers are not charged fees when they post Projects on our Site, except those standard payment charges of their preferred payment vendor (i.e. PayPal, credit cards)

FEATURE PROJECT FEES
A Buyer will never be charged a fee for posting a project or a final value fee of the amount of the project. If a Buyer decides to list their project as ' Featured ' they will be required and agree to pay upon posting the project the current fee to make it featured which currently is $10. The Fee is non-refundable; the Buyer agrees they will under no circumstances this fee shall be credited back to them once they have paid.

FEATURED/SPONSORED PORTFOLIO FEES
If a Provider decides to list their portfolio in the portfolio showcase area as "Featured/Sponsored " they will be required at the time of making it Featured to pay a fee of $10. The Fee is non-refundable; the Buyer agrees they will under no circumstances this fee shall be credited back to them once they have paid.

 FINAL VALUE FEES

When a User is contracted to perform a service for another User of this Site, we will charge the User performing the service a Final Value Fee equal to a percentage of the total value of the service. If the User requesting the service cancels the project using methods provided by the Site, the User performing the service will not be charged a Final Value Fee. However, if the User requesting the service cancels the project without notifying the Site, or if the same User does not remit payment to the User performing the service, the User performing the service may request a refund of the Final Value Fee from the Site. The procedure for receiving a refund of the Final Value Fee is outlined below:

1. Contact the Site and explain the details of the event.
2. The Site will contact the User seeking services to confirm that this same User did not make payment to the User performing the service.
3. If the User seeking services confirms that payment was not made, or if this same User does not reply to the Site within 30 days, the full amount of the Final Value Fee will be refunded to the User performing the service.

Requests for refunds of Final Value Fees are limited to ten (10) per year per User. All decisions made by the Site regarding the refunding of Final Value Fees are final.

PAYMENTS BETWEEN SITE USERS

There are two types of payments made between Users of this Site. One type of payment involves handling the entire payment procedure outside of this Site's online marketplace. The second payment type involves completing payments via this Site's Secure Escrow System. This Site applies a different refund policy to each of these payment types. These refund policies are outlined below.

Payments Made Outside this Site's Online Marketplace
Any payments made between Site Users outside of the Site's online marketplace are not under the control or jurisdiction of this Site. This Site will not refund any payments made to Site Users outside of the Site's online marketplace. If you make a payment to a User outside of this Site's online marketplace and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the User directly and attempt to negotiate and obtain a refund from this User.

Payments Made Through Site's Secure Escrow System
This Site provides a Secure Escrow System that allows an exchange of funds between Site Users. There are two steps involved in using the Secure Escrow System: 1) Funding the escrow account and 2) Releasing funds from the escrow account.

When a project's escrow account has been funded, neither the User who funded the account nor the User to whom the funds are directed (the User providing services) have access to the escrow account's funds. Once funds in an escrow account have been released to the User providing services, the escrow funds are credited directly to this User's account (less any fees taken by the Site). Once funds have been released, the Site will not issue a refund or credit of any kind to the User who funded and released funds from the escrow account. If a dispute arises between the two Users tied to a particular escrow account after funds from the escrow account have been released, the two Users must resolve this dispute between themselves directly. The Site will not mediate, arbitrate, or otherwise involve itself in any such dispute and shall not be liable for any dollar amount in question.

If funds in an escrow account have not yet been released to the User providing services and a dispute between the two Users tied to the escrow account arises, either one or both Users should contact the Site. The Site will mediate the dispute between the two Users and determine how to divide the funds in the escrow account. The procedure for mediation of escrow funds is outlined below:

1. Contact the Site and fully explain your dispute.
2. The site will contact the other User involved in the dispute and request that the User provide an explanation of the dispute as well.
3. If the Site does not hear from the contacted User within 15 days, the Site will release escrow funds to the User who originally brought the dispute to the attention of the Site.
4. If the contacted User does respond within 15 days, the Site will review both sides of the case and determine how to divide the funds in the escrow account. The Site will credit funds to Users’ accounts based upon this determination.

The decisions made by the Site during the mediation process described above are final.

See the Dispute Resolution Process for more details on the steps involved.
This is not to be confused with a buyer cancelling a project before awarding anyone.

DISPUTE CANCELLATION CHARGE HOLDBACK FEE
In the event that a buyer or provider decides to file a Dispute cancel after funds have been escrowed, but BEFORE work has been started, or DURING, a Cancellation Charge Holdback fee will apply.

The Provider ( freelancer ) is responsible for the buyer's cancellation fee IF and ONLY IF ( the provider ) either:
(a) The Provider elected to take responsibility for the charge during step one of the Dispute Process
(b) Loses the Dispute Process, and is determined to be 'at-fault', and have sufficient funds to cover some or part of the charge.
DigiMusicBids.com  does reserve the right however to not charge the cancellation fee to either buyer or provider if we deem that the cancellation has occurred at the fault of no one ( example provider got accepted for multiple projects all at the same time and put in the cancellation request within the first 12 hours of being awarded )
The Dispute Cancellation fee is to compensate DigiMusicBids.com for the costs it incurs in any full or partial refund to a credit card, wire transfer, PayPal account, Buyer agrees to pay a 2.5% cancellation fee IF the refund occurred due to the fault of the buyer (which is determined in dispute process). Same applies if the other party ( provider) is clearly responsible for the cancellation they will incur the fee instead which would be debited from their account. If they have no funds in their account they will be required to fund it or their account will be closed.

See the Dispute Resolution Process for more details on the steps involved.
This is not to be confused with a buyer cancelling a project before awarding anyone.

 PAYMENTS
DigiMusicBids.com will typically print and mail checks if the Member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. DigiMusicBids.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your DigiMusicBids.com account or face account termination.
As previously stated, any Member site that DigiMusicBids.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

AUTHORIZATION TO CREDIT AND DEBIT ACCOUNTS
You irrevocably and expressly authorize DigiMusicBids   to credit any monies to the account that you have identified for DigiMusicBids. You irrevocably and expressly authorize DigiMusicBids   to withhold any monies and/or debit any monies from any account that you have identified to DigiMusicBids   for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to DigiMusicBids. We reserve our rights to all actions and remedies in connection with any monies owed to DigiMusicBids. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.

COMMUNITY DISCUSSION FORUMS

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of DigiMusicBids.com will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of DigiMusicBids.com will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise volatile of any laws.
The owners of DigiMusicBids.com reserve the right to remove, edit, move or close any thread for any reason.
 DigiMusicBids’s Community Discussion Forums are intended to allow our Members to communicate their experiences using DigiMusicBids. DigiMusicBids   reserves the right to edit, amend, or delete any information posted on the discussion forums if, in the sole opinion of DigiMusicBids , the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Discussion Forum Rules, which has detailed information about what postings we deem unacceptable.

OFF-SITE COMMUNICATIONS
DigiMusicBids   prohibits offers by its Members to persuade another Member to future work with them or pay them, or to offer to do work/jobs, outside of the DigiMusicBids   site. Offers of this nature circumvent DigiMusicBids’s fee structure and are a potential fraud risk for both buyers and Providers. Some examples of off-site offers include:
     Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in DigiMusicBids  ’s private message board, profile section, “Additional Information” sections, user ID, discussion forums, buyer listing, or buyer description.
     Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through DigiMusicBids  ’s site, profile section, “Additional Information” section, user ID, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a project delivery off-site.
DigiMusicBids   reserves the right to edit, amend, or delete any personal contact information that Members submit on our site. DigiMusicBids   reserves the right to suspend or delete the account of any Member that attempts to make off-site transactions.

INFORMATION YOU SUBMIT
You solely are responsible for any information you provide to us or other users in the registration, buying, or providing process. Your personal information and any buying or providing must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other Members for the purpose of bypassing DigiMusicBids   transaction fees  information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any digital media such as files, images, software, websites, code, credit cards, or payment information that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize DigiMusicBids   to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.


USER CONTENT
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify DigiMusicBids.com or its affiliates for all claims resulting from content you supply.
DigiMusicBids.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. DigiMusicBids.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for DigiMusicBids .com, harm our business operation or reputation, or cause DigiMusicBids.com to lose the services of our suppliers.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas  which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other Member from using and enjoying the DigiMusicBids.com Site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; (ix) violates  local, state, national or international law. or (x) contains chain letters or pyramid schemes.
Furthermore, you expressly represent and warrant the following: (1) You are the owner and have the sole right to, , content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, you grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information: For the avoidance of doubt, providing links to content hosted on servers other than that of DigiMusicBids.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.


You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

FRAUD
DigiMusicBids   will not hesitate to suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members will not manipulate the bid prices for any project or interfere with other Members' listings or transactions. Other fraudulent acts include:

A. Fees - You shall NOT:

• Charge to, or in any way attempt to collect from Members, as an additional charge to the total amount agreed upon for the services, the DigiMusicBids Final Value Fee, or;
• Charge Members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the DigiMusicBids website (given that the particulars of the service requested are materially the same as those requested on the DigiMusicBids website). Your accepted bid price must include ANY and ALL charges, including any taxes, fees, etc.;
• Represent or communicate to Members that you are to collect the DigiMusicBids Final Value Fee;
• Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the DigiMusicBids Final Value Fee;
• Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a Member, that circumvents or avoids our right to a Final Value Fee;
• Communicate or correspond, whether by written, verbal, or electronic means, with a Member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Final Value Fee.


B. Manipulating feedback
 You acknowledge and agree that the DigiMusicBids website is a neutral venue and that all transactions for services are made by and between you and other Members only and, therefore, As a consequence, you acknowledge that the key component and integrity of the website is the ability of Members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other Members to read and evaluate those feedback reviews and make voluntary choices based upon those feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:
Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the Member;
•         Post and/or cut and paste and/or copy the content of a Member feedback review from the DigiMusicBids website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
•         Attempting to gain feedback by receiving multiple feedback from the same Member (Members may only leave one feedback, whether positive, neutral, or negative, to any other Member, regardless of the number of matches that the two parties complete with each other);
•         Post or attempt to post, in any manner or by any means, a feedback review on your own account.

E-MAIL ADDRESSES
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form and within their business profile field where requested, or when asked by DigiMusicBids.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.

PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another Member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, Instant Messenger details ( ICQ, MSN, SKYPE, YAHOO etc. ), phone number, or any other method of contact outside of this site. DigiMusicBids.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. All Money must have been escrowed before you provide a buyer with your email, phone or instant messenger details.

AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another Member directly (outside of DigiMusicBids  .com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying DigiMusicBids.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify DigiMusicBids.com staff of a payment received above the amount of his bid (a total payment above US$100), DigiMusicBids.com reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on DigiMusicBids.com.

USER RESTRICTIONS
Advertising
Users are prohibited from advertising your website on DigiMusicBids.com. Any URL posted in a bid, project description, or the message board, must relate to a project on DigiMusicBids.com. An example of a permissible URL: User's portfolio or resume' page.

Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is featured. See featured project information page.

CANCEL PROJECT BEFORE SELECTION
At times buyers may post a project and decide to not pick anyone and just cancel the project. This is not to be confused with once they have awarded someone. A buyer is allowed to cancel a project BEFORE they have awarded anyone without any problems. Yet each cancellation will be taken into consideration and be shown on their profile page and shown as a “Non Action Ratio " based on the amount of projects created without awarding anyone. If this is too high, Providers usually will avoid bidding on future projects listed by the buyer.

DISPUTE CANCELLATIONS AND REFUNDS
A “Cancellation” may occur when either party has to cancel AFTER a bid was accepted on DigiMusicBids   but BEFORE any services are performed or completed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Dispute Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on DigiMusicBids will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:

a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) rejecting the cancellation and requesting review and assistance by DigiMusicBids staff.

If your Request for Cancellation is accepted by the other party, the project will be cancelled and the project can either be relisted or deleted. If your Request is rejected by the other Member, then the Request will be sent to DigiMusicBids and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, any refunds associated with the buyers current escrowed deposit will be refunded to the buyers account area where by they can then use the funds for a new project or request a withdrawal. If a withdrawal is requested, the funds will be returned the same way they were deposited on the next cut off payment date which could be the 15th of the month or the 28th-31st depending on the month.

DigiMusicBids   takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to retract matches that have already occurred or are expected to occur, or colluding with other Members to abuse the process. A Member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
There is a cancellation fee that either the buyer or the provider will incur based on who is at fault. This is to compensate DigiMusicBids   for the costs it incurs in any full or partial refund to a credit card, wire transfer, money bookers or PayPal account ( Please see Cancellation Fee )
Under no circumstances will Featured Project Fees, Featured Portfolios, or Insertion Fees be refunded, they are non-refundable and in using these features you agree as the buyer or provider that these fees will in no way be returned.

Please refer to the Dispute Resolution Process on the required steps to be taken BEFORE you contact us.

DISPUTE RESOLUTION PROCESS
The Dispute is a 3 step process.

Step 1 is Member Resolution

A. The buyer or provider must start by seeking to resolve it between themselves using the private message board and not offsite. Only onsite communication will be taken into consideration. You will be required to allow the other party 3 business days to respond. If the party does not respond or you cannot reach an agreement only then will this move to step 2

We highly advise you to be reasonable with one another and come to an agreement between yourselves as the process of resolution beyond this can be considerably long and drawn out process for everyone


Step 2 is DigiMusicBids assistance

A. The Buyer or Provider needs to file a dispute by clicking on the Dispute button found on the Project Description page.

They must begin by providing the following details:
1. A Reason for the dispute
2. Who should receive the deliverables
3. How much of the escrowed amount should the party receive who is filing the dispute
4. Who should incur the cancellation fee ( see cancellation fee for more details )

It can take up to 72 hours to hear back from Staff regarding a dispute. You must cease all communication between you and the other party while waiting. Any abuse towards the other party or DigiMusicBids   staff will not be tolerated. You will be warned and then your account may be closed

B. DigiMusicBids will review the project terms, read the messages back and forth and may be asked to upload any work that has been done for further review

C. DigiMusicBids will attempt to contact the buyer and provider via private message board to keep all communication documented between parties. The goal of this is to resolve the dispute. This may entail having each party deliver joint written instructions to DigiMusicBids concerning a Release of the funds held in Escrow.
Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and Members regarding services. If you report a dispute to DigiMusicBids, we will make every effort to help both parties communicate. However, all disputes must be resolved directly between you and Members. Therefore, if we are contacted by a Member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith this includes from any and all claims, demands, and damages ( actual and consequential ) of every kind and nature, known and unknown, related to such a dispute.

Step 3 is Arbitration

If Member resolution and DigiMusicBids  resolution fails to resolve the dispute regarding the funds in escrow either party, buyer or provider have the right to use a 3rd party arbitration service. DigiMusicBids.com will choose and engage in its sole discretion ("Arbitrator") to resolve the dispute ("Arbitration"). DigiMusicBids.com will provide to the Arbitrator access to posted private messages for the dispute. You agree to be responsible for ensuring that the DigiMusicBids.com private messages contain all of your communications with the Opposing Party related to the dispute. The Dispute Parties must comply with the following rules: (a) the Arbitration must be conducted online or by telephone, and/or be solely based on written submissions posted in the private messages, the specific manner shall be chosen by the Arbitrator; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the dispute, each of the Dispute Parties will be allowed to upload to the DigiMusicBids.com private messages one last closing statement or argument for the Arbitrator related to the dispute.

Arbitration Award Once there is an arbitration award, you must send an email to DigiMusicBids.com with the case identification information, the Usernames of the Dispute Parties and the name of the Job. DigiMusicBids.com will then verify the award with Arbitrator.

NO AGENCY
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the DigiMusicBids   website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

COMPLETING AWARDED PROJECTS.
You must legally be able to complete the project you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the DigiMusicBids   website exists for Members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every Member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), DigiMusicBids   reserve the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of the project. If you bid on any project and your bid is accepted by the buyer, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize DigiMusicBids   to debit the DigiMusicBids   match final value fee and any applicable taxes from the total amount when the buyer accepts your bid and releases the funds to your accounting area.(see Fees and Match Retraction above).

DELIVERY DEADLINES
The Buyer may set a deadline for delivery of the deliverables in the Post Project page   The provider agrees to deliver 100% of agreed upon deliverables to the site on or before the delivery deadline.

The due date is calculated as the # of days (24 hour periods) from the time funds have been escrowed and work begins. Work is defined as having "begun" after all funds are completed escrowed and all security verifications have been completed.

Buyer and Seller may also use the bidding/comment feature of the site to negotiate a delivery deadline.  If so, then the deadline must be mutually agreed upon by both Buyer and Seller.  Both parties are highly advised to be clear and explicit when setting a deadline in this manner.  If there is a dispute over anything regarding the deadline, DigiMusicBids (at it's sole discretion) will be the final determiner of any disputed meaning (per the Dispute resolution process).  

EXTENDING DEADLINES
Managing the deadline is the provider’s responsibility. If the provider cannot upload to the site 100% of agreed upon deliverables by the deadline but feels that the Buyer may be lenient and allow the deadline to be extended, then it is the providers responsibility to inform the Buyer as soon as possible, negotiate the change and receive the Buyer's acceptance on-site...somewhere in the 'Entire Bid Request'. If the Seller is unable or unsuccessful in doing so, then the original deadline stands.

Hirer (buyer) agrees that:
Hirer will not redistribute any of the content on DigiMusicBids.com.
Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to DigiMusicBids.com's audience, viewers, or visitors in the judgment and discretion of DigiMusicBids.com.
Hirer agrees to pay featured project fee if project posted should have been posted as featured.
Hirer will not falsify Hirer's own or any other identity.
Hirer will comply with all DigiMusicBids.com's policies.

Freelancer (provider) agrees that:
Freelancer will not redistribute any of the content on DigiMusicBids.com.
Freelancer will not falsify Freelancer own or any other identity.
Freelancer will comply with all DigiMusicBids.com policies.

GENERAL RESTRICTIONS
Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the DigiMusicBids.com web site or the content contained therein without the prior written permission of DigiMusicBids.com.
Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account.
Users (Hirers and Freelancers) will not contact employers or Freelancers through our site or through information gained from our site with the intent of subverting them from using our services.
Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users (Hirers and Freelancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on DigiMusicBids.com

PETITION FOR REINSTATEMENT
Upon your removal from the DigiMusicBids website, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

TAXES
You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.

CONFIDENTIALITY/NON-DISCLOSURE
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

RECORD KEEPING/AUDIT
We reserve the right to keep all records of any and all transactions and communications between you and other Members for administration purposes.

NON-SOLICITATION
During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our Members.

NO FELONY CONVICTIONS
You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

UNSOLICITED IDEA SUBMISSION
We always want to receive messages and feedback from DigiMusicBids   Members and welcome any comments regarding the DigiMusicBids marketplace. However, DigiMusicBids policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by DigiMusicBids might be similar or even identical to your idea.

If you do send DigiMusicBids an unsolicited suggestion, idea, or proposal, or if you send, at the request of DigiMusicBids, a comment or suggestion to improve the DigiMusicBids   Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), DigiMusicBids   will consider the Submission to be non-confidential and non-proprietary. DigiMusicBids shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. DigiMusicBids   shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

IDENTITY VERIFICATION
We use techniques to help verify the identity of Providers when they register on our website; however, DigiMusicBids   cannot and will not confirm each service provider's identity. We have implemented a user-managed feedback system to help you evaluate other Members you are transacting with..

FEEDBACK
For each DigiMusicBids transaction, the buyer and service provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience. Feedback scores are calculated when another Member gives you a 1-5 score. Each Member’s overall feedback score is the difference between the number of Members who left a positive rating and the number of Members who left a negative rating.

If you attempt in any way to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of one (1) or lower, your Membership may be suspended. You acknowledge that your feedback consists of comments left by other DigiMusicBids   Members and a composite feedback number compiled by DigiMusicBids. You agree that you will not use your DigiMusicBids feedback in any venue other than DigiMusicBids. Members should always use caution and good judgment when leaving feedback for another Member because, Members could be help legally responsible for damages to a Member’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because DigiMusicBids does not censor feedback or investigate it for accuracy, DigiMusicBids is not legally responsible for the remarks that Members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.

RESOLVING FEEDBACK AND RATING DISPUTES

To maintain the integrity of the feedback system, feedback left for a Member is a permanent part of that Member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another Member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond:

A) Feedback Comment Withdrawal. DigiMusicBids will remove individual feedback comments only in very rare circumstances, such as when they violate certain DigiMusicBids policies. Other situations where DigiMusicBids   will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when DigiMusicBids receives a valid court order to remove feedback.

ARBITRATION
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by DigiMusicBids to collect our fees and/or recover damages for, or obtain an injunction relating to, the DigiMusicBids site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of North Carolina. The arbitration shall be conducted in Charlotte, NC and judgment on the arbitration award may be entered into any court within Charlotte, NC having jurisdiction thereof.

INDEMNITY
You agree to defend, hold harmless and indemnify DigiMusicBids.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by DigiMusicBids.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against DigiMusicBids.com : (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise. 

REMEDIES

Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your project listing and files, notifying our Members of your actions, issuing a warning, temporarily suspending your Membership, terminating your Membership, and refusing to provide our services to you WITHOUT NOTICE to you.

PAYMENT SERVICE SYSTEM
DigiMusicBids  provides the Payment Service and requires you to use it to make all payments to DigiMusicBids, and to request and make payments to and accept payments from other Members, for the purchase and sale of Services through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, DigiMusicBids   acts as your agent based upon your direction and your requirements to perform tasks on your behalf. DigiMusicBids will at all times hold your funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose.
As a Buyer, you agree not to pay invoices for Provider Services unless the invoices are originated from the DigiMusicBids Payment Service
You acknowledge that: (1) DigiMusicBids is not a bank and the Payment Service is a payment service rather than a banking service; and (2) DigiMusicBids is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) DigiMusicBids IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow.
By initiating invoices and sending payments through the Payment Service or adding funds to your Account, you appoint DigiMusicBids   as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement. Each Service Provider must properly discharge and credit Buyers for all payments DigiMusicBids   receives through the Payment Service from such Buyers.

LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing.

AUTOMATED BOTS
Automated bots are known to put an excess amount of stress upon a websites server, it can also cause legitimate users from accessing the website. You are now allowed to create or use any automated bot to access DigiMusicBids without first contacting DigiMusicBids   and receiving written approval. In the unlikely case we approve your bot, you must abide to the specifications by which DigiMusicBids   outlines and approves. DigiMusicBids reserves the right to revoke permission granted, and you revoke that you will immediately stop using the bot and take actions to prevent others from using the bot too.

PRIVACY POLICY
DigiMusicBids is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. DigiMusicBids.com does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. For details, please view our Privacy Policy

Comments, suggestions or materials sent or transmitted to www.DigiMusicBids.com (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described on the privacy page of this Web Site, www.DigiMusicBids.com shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback.  

PROTECTION OF INTELLECTUAL PROPERTY CONTENT

All items on this Web Site are copyrighted by www.DigiMusicBids.com, it’s agents, employees, officers, subsidiaries, Members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. Reproduction or republication is strictly prohibited without prior written permission. This Web Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Other products and company names mentioned in the Site may be the trademarks of their respective owners. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of www.DigiMusicBids.com, affiliate or any third party.

DigiMusicBids authorizes you to view and download the materials at this website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

TRADEMARK AND DOMAIN NAME PROTECTION

All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web Site  are trademarks or service marks of DigiMusicBids, LLC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web Site is strictly prohibited without prior written approval by www.DigiMusicBids.com.

GOVERNING LAW

THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.

DISCLAIMER OF LIABILITY AND WARRANTIES
While we do our best ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
THE SITE AND SERVICES ARE PROVIDED BY DIGIMUSICBIDS.COM AND ITS AFFILIATES “AS IS.” DIGIMUSICBIDS.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, DIGIMUSICBIDS.COM AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, DIGIMUSICBIDS.COM DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

We are not responsible or liable in any manner for any Content posted by Users, Us or any other third parties on the Site or in connection with this Site. We do not control and are not responsible for what Users post on the Site and are not responsible for any unlawful, offensive, inappropriate, or otherwise objectionable Content you may encounter on the Site or in connection with any User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User of the Site.

We reserve the right to change any and all content, software and other items contained or used in the Site and any goods or services offered through the Site at any time without notice. We reserve the right to make this Site unavailable with or without notice for any period of time. Reference to any products, services or other information, by supplier, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Us.

We take no responsibility for third party advertisements nor do we take any responsibility for the goods or services provided by our advertisers. The Company takes no responsibility for third party or third party applications that are posted on this Site.

When using the DigiMusicBids.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of DigiMusicBids.com and its suppliers. Accordingly, We assume no responsibility for any defect, error, omission, interruption, deletion, theft or destruction, delay in operation or transmission, communications line failure, unauthorised access to your computer system or network or unauthorised access to, or alteration of, any User communication.

We will not be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site, or from the conduct of any Users. 

We are not responsible for the success or failure of your decisions relating to any information presented by us through the Site. The site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided by us through the Site. There can be no assurance that any prior successes or past results can be used as an indication of your future success or results. Results are based on many factors. You agree that we are not responsible for any success or failure that you may experience as a result of using the site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME PROVINCES, STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

MEMBER DISPUTE/RELEASE
 
If you have a dispute with another Member, you release DigiMusicBids   (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 dispute

OTHER TERMS AND CONDITIONS

You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.

GENERAL
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.