George's Drum Shop provides or in the future shall provide on the Web Site a service known as Drum Gear Search, which is a database of drums and other drumming products for sale by dealers and users. The Drum Gear Search shall list the prices and call of price for all instruments. All transactions will occur directly between the buyer and seller with no involvement of George's Drum Shop. You agree by participating in the Drum Gear Search that you will not hold George's Drum Shop responsible for other users' actions or inactions, including the items and instruments they offer for sale on the Web Site. Drum Gear Search shall act as a venue to allow anyone to offer, sell and buy musical instruments at any time from anywhere in a variety of pricing formats as determined by the seller. George's Drum Shop is not involved in the actual transaction between buyers and sellers and has no control over nor do we guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell the items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Users purchasing products through Drum Gear Search may join this service for free. George's Drum Shop charges fees for using other services such as featuring items. The fee for sellers to feature items shall be as agreed upon between George's Drum Shop and the seller. Unless otherwise stated, all fees shall be in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with the Web Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel).
When the sellers provide a listing of instruments to be posted for sale on Drum Gear Search, such seller is granting to us a non-exclusive, world wide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the copyright publicity and database rights Seller has in the listing, in any median known now or in the future.
George's Drum Shop shall gather statistical information on the price of musical instruments and other items sold and purchased by sellers and buyers through Drum Gear Search. George's Drum Shop may from time to time use such data to prepare a pricing guide or similar document summarizing the quality and price range of instruments sold. Users agree and understand that ownership of the copyright in any such pricing guide prepared by George's Drum Shop shall belong solely to George's Drum Shop. Users of the Website shall not reproduce such copyrighted data in any way, shape or form without the express written consent of George's Drum Shop.
While using Drum Gear Search, buyers agree that they will not fail to deliver payment for items buyers purchase unless the seller has materially changed the item's description after buyer bids, a clear typographical error is made or buyer cannot authenticate the seller's identity. Seller agrees that they will not fail to deliver items purchased from them, unless the buyer fails to meet the posted terms, or they cannot authenticate the buyer's identity. You agree that you will not manipulate the price of any item or interfere with other users' listings. You agree that you will not circumvent or manipulate any fee structure, billing structure, billing process or fees owed to George's Drum Shop.