Discogs Policies

Welcome to Discogs!

We’re happy to have you as a part of our online community. To make sure this album can stay on repeat, we’ve laid out some ground rules. Feel free to ‘play all’ or skip to your favorite track by selecting one of the policies below:

Terms of Service for Discogs.com 

Cookie and Internet Advertising Policy 

Privacy Policy 

Discogs App Privacy Policy

Shipping Labels Terms of Service for Discogs.com

Platinum Seller Program - Terms Of Service

Discogs Payment Policy

API Terms of Use

Application Name and Description Policy

Information For Artists And Labels

Intellectual Property Policy

Offensive Marketplace Item Guide

How Do I Report Copyright Infringement?

 

 

Terms of Service for Discogs.com

Effective Date: May 25, 2018

 

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

Discogs.com and its affiliated websites (including, but not limited to, Gearogs.com, Filmo.gs, Bookogs.com, Comicogs.com, Posterogs.com, and Vinylhub.com) (collectively, "Discogs," or the "Service"), owned and operated by Zink Media, LLC (d/b/a Discogs), is provided to you ("You", “Your”) under these Terms of Service (“TOS”) and any operating rules or policies that may be published by Discogs. The TOS comprises the entire agreement between You and Discogs and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY USING THE DISCOGS WEBSITE AND AFFILIATED WEBSITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.

If You are under the minimum age of consent to enter into a contract in Your jurisdiction, then You may not use or access the Services at any time or in any manner.  For example, in the United States, You must be at least 13 years of age to establish an account and use the Service and You must be at least 18 years old to purchase and sell items through the Service.

 

DESCRIPTION OF SERVICE

Discogs provides You with various content and communication services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when You implements those options, if any. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.

You may establish an account to purchase and/or sell items through the Service.  Sellers in certain locations may be able to purchase shipping labels through Discogs.  Please see the Shipping Labels Terms of Service for additional information.

If You purchase or sell items using the Service and select Discogs as Your payment processor, in the U.S., You will be contracting for this service directly with Zink Media, LLC (Discogs) (State of Oregon Limited Liability Company with registration number 724027-88), and in the EU, You will be contracting for this service directly with Discogs B.V. (Netherlands Chamber of Commerce registration number 63544962).  Please see the Payments Policy for additional information.

 

MODIFICATIONS TO TERMS OF SERVICE

Discogs may at any time revise the TOS by updating this posting. By using Discogs, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOS to which You are bound. Your continued use of Discogs constitutes an affirmative: (1) acknowledgment by You of the TOS and TOS modifications; and (2) agreement by You to abide and be bound by the TOS and TOS modifications.

 

MODIFICATIONS TO SERVICE

Discogs reserves the right to modify or discontinue the Service with or without notice to You. Discogs shall not be liable to You or any third party should Discogs exercise TOS right to modify or discontinue the Service.

 

PRIVACY POLICY

Your use of the Service is subject to the Discogs Privacy Policy.

 

INDEMNITY

You agree to indemnify and hold Discogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Your use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another, whether You are a registered user or not. You are solely responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.

 

USER ACCOUNT, PASSWORD, AND SECURITY

You may establish a dedicated account with Discogs. You are entirely responsible for any and all activities which occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities which occur under Your account by You or someone You authorize to use Your account. You may change Your password at any time; You may also set up a new account and close an old one at Your convenience.

You agree to immediately notify Discogs of any unauthorized use of Your account or any other breach of security known to You.

 

TERMINATION

You agree that Discogs, in its sole discretion, may terminate Your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Discogs finds that You have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Discogs may immediately deactivate or delete Your Discogs account and any or all related information and files. Discogs reserves the right to bar any further access to such files or the Service. You agree that Discogs shall not be liable to You or any third party for any termination of Your access to the Service. Advanced accounts that are terminated will not be refunded.

Should You object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately discontinue use of the Service.

Upon termination of the Service, Your right to use the Service immediately ceases. You shall have no right and Discogs will have no obligation thereafter to forward any unread or unsent messages to You or any third party.

 

NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. Discogs may broadcast notices or messages through the Service to inform You of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to You.

 

LICENSE AND SITE ACCESS

Discogs grants You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Discogs. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Discogs.

Data made available via the Discogs API is subject to the API Terms of Use.

 

LINKS

The Service, or relevant third parties, may provide links to other websites or resources. Because Discogs has no control over such sites and resources, You acknowledge and agree that Discogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Discogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

USER CONDUCT

Your are solely responsible for the contents of Your transmissions through the Service, including any content transmitted through Your account, if applicable. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.

You agree: (1) to comply with U.S. and applicable international law regarding the transmission of technical data exported from the your country through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. You further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

You shall not interfere with another person’s use and enjoyment of the Service or another entity's use and enjoyment of similar services.

Discogs may review user account activity, such as private messages, account details and order pages, upon receipt of complaints from other users. In addition, Discogs may, at its sole discretion, immediately terminate Your Service should Your conduct fail to conform with these terms and conditions of the TOS. Examples of conduct that may result in immediate account termination include: entering falsified information into the database in order to circumvent database or marketplace guidelines, including copyright laws; opening new user accounts after original account has been banned, negotiating private sales of items in order to circumvent Marketplace fees, etc.

 

LICENSING OF USER CONTENT

The Discogs website and affiliated websites consist of user-generated content.  This content promotes the growth of information (i.e., music, literary, etc.) via the websites, pursuant to Discogs’ mission.  You may only contribute content which is in the public domain (i.e., expired copyright or public from inception) or otherwise available through a CC0 “No Rights Reserved” license.  Certain content may also be contributed if it complies with applicable fair use or quotation standards (i.e., images). If You have any questions about the public domain, license, or fair use or quotation status of content, please consult with a qualified legal expert before contributing that content.  You grant a non-exclusive, non-revocable, transferable right to Discogs to use Your user-generated content, unrestricted in time and territory, for the purpose of rendering the Services.

If You cease using Discogs Services, You confirm that Discogs is entitled to continue using Your user-generated content and may continue display Your user name along with Your content pursuant to the rights granted above.

If You exercise Your right to erasure or deletion of personal information pursuant to the Privacy Policy, (i) Your user-generated content will be anonymized by having the user name replaced by a generic term (i.e., "previous user1234" or simply "user1234"), and (ii) Discogs is entitled to continue using this anonymized user-generated content pursuant to the rights granted above.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) DISCOGS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

(e) DISCOGS DOES NOT PROMOTE OR CONDONE ANY IDEAS OR MESSAGES CONTAINED IN THE ITEMS LISTED VIA THE SERVICE.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCOGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISCOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

VIOLATIONS

To report violations of the TOS, please use the Support Request Form. To expedite the processing of Your report, please include as many details as possible about the violation.

To report copyright infringement, please follow the instructions for Notice of Copyright Infringement.

 

GENERAL

The TOS is governed by and interpreted in accordance with the laws of the State of Oregon, United States of America, without regard to principles of conflicts of laws.  The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the TOS.  The failure of Discogs to exercise and enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If a court finds any portion of the TOS to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.

 

 

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Cookie and Internet Advertising Policy

Effective Date: August 3,2018

Zink Media, LLC (d/b/a Discogs) and its affiliates adhere to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising.   We believe the following information will provide additional transparency to Our Privacy Policy and practices.  

To make Our sites (including, but not limited to: discogs.com, Gearogs.com, Filmo.gs, Bookogs.com, Comicogs.com, Posterogs.com, Vinylhub.com) work properly, We sometimes place small data files called cookies on Your device. In addition, We display internet-based ads to You using information You make available to Us when You visit and interact with Our sites.  Most big websites do this too.

What are cookies?

A cookie is a small text file that a website saves on Your computer or mobile device every time You visit the site. It enables the website to remember Your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so You don’t have to keep re-entering them whenever You come back to the site or browse from one page to another.

Cookies may have different lifespans:

Persistent cookies remember certain information about Your preferences for viewing the sites, and allows Us to recognise you each time you return. These are stored on your browser cache or mobile device until You choose to delete them.

Session cookies are specific to a particular visit to the site that carry information as You view different pages on Our sites so You don’t have to re-enter information.

How do we use cookies?

Our Cookies: If You have agreed to Our use of cookies on this site, We use Our domain specific persistent cookies to uniquely identify You after You log in to Our site. Upon successfully logging in, Our server will generate a unique and random token. A copy of the token is saved on Our server, and a copy is sent to Your browser as a cookie. Your browser, according to internet standards, sends this token back to Our server each time it requests a resource from Our server, such as a new page to which You are navigating. Our servers then look up Your secure profile using this token.

Our use of cookies this way is required to enable any features that relate to Your personal account. These include:

  • Buying & Selling
  • Adding items to a Wantlist or Collection
  • Making Lists
  • Participating in Forums
  • Saving preferences
  • Submitting to the Database
  • Messaging other users

We also use Our own domain specific cookies to assist with:

  • Login information (note: the cookie stores a unique value that identifies You after You log in, but does not store your actual login information such as username and password)
  • Buying and selling preferences
  • General site setting preferences, such as language, login status and shopping cart details

These cookies are required to utilize site features such as buying, selling, contributing and collecting.

The cookie related information is used to analyze Your activity on the site and assist with site security. These cookies are not used for any purpose other than those described herein.

Third-party Cookies: Our sites also uses third-party cookies to anonymously track web usage and analytics, such as:

Most third-party cookies are not essential to site browsing experience other than collecting data on how We can improve the site based on anonymous browsing behaviors and for the third-party advertisers to show You relevant ads.

We also partner with third-party services, who may use various tracking technologies to provide certain services or features, including targeted online marketing techniques such as attribution tracking, remarketing, and cross-device tracking.

  1. Attribution tracking means identifying the advertising or marketing source a user followed to arrive at Our sites, or to determine what source should get credit for site visits.
  2. Remarketing means showing relevant ads to users based on users’ prior search history on Our sites.
  3. Cross-device tracking means recognizing users across multiple devices or browsers.

Please see the Discogs Processors list for additional information about parties that use tracking technologies on our sites.

Some of these third-party services may provide us with information about You (such as demographic information, cross-device information, or interest categories) so that we may provide You with more relevant and useful advertising, enhance Our data, improve Our Services, or for marketing purposes.

We do not allow third parties to access personally identifiable information from Us via cookies or tracking technology. However, these technologies may allow Us or a third party to recognize You, either across devices or over time. We do not have control over third-party technologies, which maintain their own privacy policies, and they are not covered by Our Privacy Policy.

How to control cookies

You can control and/or delete cookies as You wish – for details, see aboutcookies.org. You can delete all cookies that are already on Your computer and You can set most browsers to prevent them from being placed. If You do this, however, You may have to manually adjust some preferences every time You visit a site and some services and functionalities may not work.

Here are some relevant cookie information and opt out options for sites in general. You can use these resources or other plugins to opt out of cookies through Your browser:

Current Cookies

The table below explains the cookies we use and why we use each of them. This list will change from time to time, so please check back often for updates. In addition, third parties not associated with us may also place cookies on your browser from time to time. Essential cookies let you use all the different parts of our websites. Without them, services that you’ve asked for can’t be provided. Other cookies include cookies used for analytics, marketing, and site functionality.

For logged-out users, we present non-personalized ads. Although non-personalized ads don’t use cookies or mobile ad identifiers for ad targeting, they do still use cookies or mobile ad identifiers for frequency capping, aggregated ad reporting, and to combat fraud and abuse.

 Provider  Purpose  Category
 Zink Media, LLC (d/b/a Discogs)

 This cookie is used to alert users about the use of cookies on our websites.

 Essential
 Google, Inc. (reCAPTCHA)

 This cookie is placed to confirm you are human and not a robot when you register with our sites, send private messages, and view release sales history and statistics on our sites. 

 Essential 
 Zink Media, LLC (d/b/a Discogs)

 These cookies are used to alter content/display, maintain settings, and authenticate a user from session to session.

 Functional 
 New Relic  These cookies are used to alter content/display, maintain settings, and authenticate a user from session to session.  Functional 
 Google, Inc. (Google Analytics)  These cookies are used to collect information about how visitors use our websites to help us improve the websites. They are also used to display personalized advertisements, based on recent Google searches and previous interactions.  Analytics   and   Marketing 
 comScore  These cookies are used to collect information about how visitors use our websites to help us improve the websites.  Analytics 
 Hivewyre  These cookies are used to collect information about how visitors use our websites to help us improve the websites.  Analytics 
 Facebook  Tracking pixel placed by Facebook (if you are a Facebook user) that allows us to serve targeted ads on Facebook.  Marketing 
 Google, Inc.  These cookies allow us to deliver relevant advertising content.  Marketing 
 Amazon  These cookies allow us to deliver relevant advertising content.  Marketing 
 Exponential  These cookies allow us to deliver relevant advertising content.   Marketing 
 OpenX Technologies  These cookies allow us to deliver relevant advertising content.   Marketing 
 Sovrn  These cookies allow us to deliver relevant advertising content.   Marketing 
 bandsintown/ToneFuse  These cookies allow us to deliver relevant advertising content.   Marketing 

 

Internet Advertising

On Our sites and unaffiliated sites, We display interest-based advertising using information You make available to Us when You interact with Our sites, content, or services. Interest-based ads (i.e., personalized or targeted ads) are displayed to You based on information from activities such as interacting with Our sites, use of devices, apps or software, or visiting sites that contain Our content or ads. See Our Privacy Policy for more information about the types of information that We gather and how it is used.

Like other websites, We use tracking technologies (collectively, "cookies"). Cookies enable Us to learn about what ads You see, what ads You click, and other actions You take on Our sites and other sites. This allows Us to provide You with more useful and relevant ads and avoid showing You the same ads repeatedly.  We do not associate Your interaction with unaffiliated sites with Your identity in providing You with interest-based ads.

We do not provide any personal information to advertisers or to third-party sites that display Our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who bought or browsed for specific categories of goods). We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by Our Privacy Policy or this Cookies and Internet Advertising Policy. Please contact them directly for more information about their privacy practices.

Advertising Preferences

You may modify the settings in most browsers to notify You when You receive a new cookie and disable cookies altogether.  You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through the following resources:

 

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Privacy Policy

Effective Date: May 25, 2018

Your privacy is important to Discogs and this Policy represents Our commitment to care for Your personal information. This Privacy Policy (“Policy”) applies to the data Discogs collects on its websites (including, but not limited to, Discogs.com, Gearogs.com, Filmo.gs, Bookogs.com, Comicogs.com, Posterogs.com, and Vinylhub.com) and through any services associated with those sites (“Services”), provided to You by Zink Media, LLC (d/b/a Discogs) and its affiliates (“We”, “Our” “Us” or “Discogs”). Affiliates include Discogs B.V., Discogs G.K., and Crate Diggers LLC.  It does not apply to data collected by or through any other online or offline sites, products, or services. When You (“You”, “Your”) use sites, products, or services other than Discogs’ Services, You are subject to those service providers’ policies. In addition, this Policy does not cover data You independently disclose to other users of the Services. Disclosure of data to buyers, sellers, or contributors, or other users (collectively, “Other Users”) outside of disclosure to Discogs should be discussed with those Other Users prior to providing such data.   

Discogs complies with the the General Data Protection Regulation.  Additional information about Our Data Protection Officer, information We collect, the purpose of collection and Your rights are provided in detail within this Policy.

Discogs complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively.  Discogs has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view Our certification, please visit https://www.privacyshield.gov/.  See below for additional information on the types of information We collect, how We use it and to whom and when it is disclosed. Discogs is liable for privacy violations committed by third parties to which it provides Your information as limited by Discogs contractual agreements with those third parties. All Personal Information received from the EU and Switzerland will be subject to the Privacy Shield. If You have a privacy-related complaint, please complete Our Privacy Complaint Form. Additional forms related to Your rights to access, erasure and portability can be found in Our support center. You can also submit general privacy-related complaints or questions through the support center.

Data Controller

Personal Information provided to Discogs in connection with the Services or otherwise is controlled and processed by Zink Media, LLC (d/b/a Discogs), PMB #323, 6663 SW Beaverton-Hillsdale Highway, Portland, Oregon, USA 97225-1403, privacy@discogs.com.   Discogs’ EU representative is Discogs B.V., located at Korte Leidsedwarsstraat 12, 1017 RC Amsterdam, the Netherlands, privacy@discogs.com.

Data Protection Officer

Our Data Protection Officer is Saskia Wenge.  Our Data Protection Officer can be contacted at s.wenge [at] dpoconsultancy [dot] nl.

Collection of Personal Information

  • When You register to use the Services, Discogs collects: Your username, email address, geolocation and IP address.
  • When You register to sell items using the Services, Discogs collects certain additional Personal Information: Your address and PayPal Account Name to allow You to engage in transactions and make use of the Services.  If You use Our Shipping Labels Services, then We will also collect Your address. If You elect the Discogs Payments Service, then You will need to provide additional information depending on whether You are a business or individual, which may include: name, date of birth, email address, phone number, company name, tax identification number, bank account information, government issued photo identification, and bank statement.
  • When You purchase items using the Services, Discogs collects certain additional Personal Information: Your address. Discogs does not collect or store any purchaser payment information, such as credit card information. Such information is provided directly to the seller by the purchaser with no interaction by or through Discogs.  Depending on Your payment option selection, certain third parties may have access to such information (i.e., PayPal, Inc. or Adyen B.V.)
  • If You send Us an email with a question or support issue, We collect: Your email address and other information You provide for the purpose of responding to Your question.
  • We keep Your Personal Information as long as necessary to provide the Services to You and as required by applicable laws and regulations.
  • If You decline to provide Discogs with any Personal Information as described above, certain features of the Services will be unavailable to You, such as selling or buying through the Marketplace.
  • We Ourselves generally do not collect Personal Information about You from any source other than You.  However, We may receive information about Your location and Your device from Your carrier when You use the Services online or download Our app.

Information We Store When You Access the Services

  • We use cookies and other technology to keep track of Your online interaction with Our site. Cookies may also provide information to Us about Your online interaction with other sites.
  • We may use cookies and similar technologies to collect non-personally identifiable information about Discogs users. The information collected allows Us to analyze how users use the Services. We also may use third-party advertising, and the companies providing this third-party advertising may use their own cookies. The collection and use of information by these companies is governed by the relevant third party's privacy policy and is not covered by this Policy. You have rights regarding Discogs use of cookies. Please see the Cookie and Internet Advertising Policy and Analytics & Display Advertising, Cookies below for more information.
  • We retain Your Personal Information only as long as needed to provide You the Services.  Except as otherwise provided by this Policy, or when deleted or destroyed at Your request, We typically maintain data and communications for a period of two years as is common in the industry.  We may keep the minimal necessary data on You after You have deactivated Your account for the period of time needed for Us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce Our agreements.

We use the Personal Information We collect to:

  • Provide the requested Services, such as contributing information to the database or allowing for the purchase or sale of items through the site.
  • Personalize the Services for You and to communicate with You.
  • Send You emails from Discogs.com and its affiliated websites (including, but not limited to, Gearogs.com, Filmo.gs, Bookogs.com, Comicogs.com, Posterogs.com, and Vinylhub.com) which may include newsletters, relationship and transactional messages, and marketing promotions. If You have previously consented to receive newsletters or other commercial emails, then You may opt out in Your notification preferences or from within the email messages themselves.
  • We do not participate in any automated decision making, such as profiling, with regards to the Services and Your Personal Information.

Disclosure

  • We share information with third parties (processors) that act as an agent to perform tasks on Our behalf and under Our instructions. Examples include third parties that assist with payment processing (i.e., PayPal) or third parties that we contract with to send emails on Our behalf (i.e., MailChimp).  

Please note that if You process payments through Discogs Payments, in the U.S., You will be contracting for this service directly with Zink Media, LLC (d/b/a Discogs), and in the EU, You will be contracting for this service directly with Discogs B.V. sending emails on Our behalf, and fulfilling orders for merchandise purchased directly from Us (i.e., Discogs paraphernalia).  In both cases, the payment processor working on Our behalf is Adyen B.V. This information is limited only to the information needed to perform the tasks.

Additional information about the processors We use to support delivery of Our Services is set forth at Discogs Processors.

  • We may share information with domestic and foreign affiliates controlled by Us, including Meta Zink Corporation, Discogs B.V., Discogs G.K., and Crate Diggers LLC.  Our affiliates are subject to the terms of this Policy and follow the same privacy practices as Us. We are the primary Data Controller for Personal Information collected and processed through Our and Our affiliates’ sites and services.  All sharing is subject to the Privacy Shield frameworks noted above.
  • We may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our terms of service, or as otherwise required by law enforcement or national security requirements. We may also disclose information when requested to comply with a court order, investigation, or governmental request.
  • We do not otherwise share Your information with any third parties.
  • We do not provide or sell email addresses or collection/wantlist data to any third party without Your consent.
  • We do not provide or sell Your Personal Information or any other information You have provided to Us to any third party for direct marketing or advertising purposes without Your consent.

Limiting the Use and Disclosure of Your Personal Information

Discogs will provide You with notice in the event it intends to share Your information with a third party (other than as described above) or for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by You. Prior to sharing such information, You will be provided with clear, conspicuous, and readily available mechanisms to opt in to such sharing, as required by applicable laws and regulations.

In the event We decide to collect sensitive information (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), We will first obtain affirmative express consent (opt in) from You if We intend such information to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by You through the exercise of an opt-in choice.

You may choose not to allow cookies.  Information on cookie settings can generally be found through the help feature of Your browser.  If You block or otherwise disable Our cookies, certain Services may not be available. Please see the Cookie and Internet Advertising Policy for additional information.

You may choose not to provide information related to Your mobile devices.  Information on disabling device location permissions can generally be found in Your device settings or by contacting Your carrier or device manufacturer.

If You withdraw Your consent to this Policy (by closing Your account), then You may not have access to certain Services, including the benefits of membership, buying and selling options.  In certain cases, We may continue to process Your Personal Information, but only if We have a legal basis to do so.

Protection

We use the following security measures and technologies to protect Your data:

  • Physical access controls, including secured premises to prevent unauthorized persons from gaining access to Personal Information, and ensuring that off-site data centers and server facilities adhere to similar appropriate controls;
  • System access controls to prevent unauthorized access and use of Personal Information, which vary based on the nature of information processing, but may include: industry standard firewalls, authentication via hashed and salted passwords;
  • Data access controls to ensure Personal Information is accessible and manageable only by properly authorized staff, including restricted database query and application access, need-to-know access restrictions, and restrictions on the Personal Information that can be read, copied, modified and/or removed;
  • Transmission controls, including encrypted data transfer over SSL and other controls to ensure that Personal Information cannot be read, copied, modified or removed without authorization during electronic transmission or transport;
  • Input controls to ensure that any Personal Information is provided and edited by You or by Us at Your direction;
  • Data backups are taken on a regular bases, and are secured and encrypted;
  • Logical separation to ensure that Personal Information is only processed per the terms of this Privacy Policy and the privacy settings selected by You.
  • Despite Our efforts, no security measure can be absolute, and there can be no guarantee that Your Personal Information will not be accessed through malicious means, inadvertent disclosure, or mistake. If Discogs is the source of a breach, We will contact You and describe the breach, along with Discogs’ mitigation actions. Where applicable, We will provide appropriate identity theft prevention and mitigation services at no cost to the affected person for not less than 12 months.

Personally-Identifiable Information Submitted by Children

The Services are not intended for use by children under 13 years of age in the United States.  Please consult local laws for age restrictions in additional jurisdictions. IF YOU ARE UNDER THE MINIMUM AGE FOR YOUR JURISDICTION, DO NOT USE OR ACCESS THE PROVIDER SERVICES AT ANY TIME OR IN ANY MANNER. If We determine that personally-identifiable information of children under the minimum age has been collected, We will remove the information from the Services. If You are a parent or guardian and learn that Your child under the minimum age has created an account, You may contact Us and request that the information be removed from the Services at compliance@discogs.com.

Information Submitted by Minors under 18 in California

If You are a minor under the age of 18 residing in the State of California, United States, You have additional rights under California law. You may request removal of any information or content You posted while under the age of 18. We cannot ensure that removal of information You provided to the Service will be complete or comprehensive (i.e., information posted to public groups and forums that may be accessed by non-users) but it will be complete and comprehensive on Our part (i.e., user account information). In addition, if at any time You delete Your account, We can guarantee complete removal of Your information from the Service.

Notification and other Privacy Preferences

The settings pages for Your account allow You to manage the following information related to Your account:

  • Notification Settings: Choose how We communicate with You, including email messaging preferences.  
  • User Profile Settings: Change Your personal information displayed in Your profile, including adding, rectifying, or removing incorrect data about You, and updating Your username and password.  
  • Privacy Settings: Set privacy preferences for Your collection and wantlist, contact by other users and blocking users.
  • Additional settings controls are available in the menu for Collection, Applications, Developers, Buyer, Seller, and Labs.

We don’t send spam and do not permit spam on Discogs sites.  We comply with the CAN-SPAM Act of 2003 (US) and applicable international anti-spam regulations.

You have the right to withdraw consent for various Services and related activities at any time and may do so by updating the settings noted above.  You may also withdraw consent for marketing emails by selecting the “Unsubscribe From Emails” button at the bottom of the Notification Settings page.

Public Groups & Forums

Information You post to the public areas of the Services (groups / forums / searchable database) is not private, and is not protected under this Policy. Please exercise caution when disclosing Your information in these areas. You acknowledge that others not covered by this Policy will have access to Your public postings and We cannot be responsible for any subsequent use of data contained in Your public postings.

Analytics & Display Advertising, Cookies

  • We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to Our website. See Our Cookie and Internet Advertising Policy for more information.
  • The Google Analytics features We've implemented are based on Displayed Advertising (e.g., Remarketing). We use Remarketing with Google Analytics and Hivewyre to advertise online. You can review and customize Google Display Network ads using the Ads Settings on Google.
  • Third-party vendors, including Google, show Our ads on sites across the Internet.
  • Discogs’ Services will respect such browser settings as “do not track,” “private,” or the like from supported browsers. Opting out of receiving cookies or persisting cookies may affect certain functionality of the Services.

Your Right to Access, Alter, or Erase Your Personal Information

You have a right to access Your Personal Information. All data We collect from You can be found in Your user profile by reviewing Your User Profile Settings and the additional settings noted in the menu on the left side of the page (i.e., Notification, Privacy, Buyer, Seller, etc.).  You may also access Your Personal Information and how it is used and shared by completing the Request Access of Data form in Our support center. We will comply with Your request within 30 days and if permitted by law.  Discogs may ask for additional information to confirm Your identity prior to releasing any information.

We want to make sure that Your Personal Information is accurate and up to date.  If You would like to update Personal Information that You have previously provided to Discogs and are unable to do so through Your User Profile Settings and the additional settings noted in the menu on the left side of the page (i.e., Notification, Privacy, Buyer, Seller, etc.), then please contact Us through Our support center. In Your request, please make clear what information You would like to have changed, whether You would like to have Your Personal Information suppressed from Our database or otherwise let Us know what limitations You would like to put on Our use of Your Personal Information that You have provided to Us. We will comply with Your request within 30 days and if permitted by law.

You have a right to obtain erasure of the Personal Information You have provided to Us related to Your use of the Services.  Exercising this right will result in closure of any account You have opened and removal of any items You have listed for sale in the Marketplace.   In addition, exercising this right will impact certain functionality of the Services available to You online. If You request erasure, pursuant to the Terms of Service, (i) Your user-generated content contributions will be anonymized by having the user name replaced by a generic term (i.e., "previous user1234" or simply "user1234"), and (ii) Discogs is entitled to continue using this anonymized user-generated content. We cannot guarantee that Your username as associated with any information You posted in public forums and discussions will be fully erased as users have access to those areas of Our site and may have used or republished such information, including Your username, prior to the time of Your request, subject to Our Terms of Service.  We will comply with Your request within 30 days and if permitted by law or as set forth below. We may need to maintain certain information for longer than 30 days in order to carry out Our contractual obligations to You. For example, We provide support for transaction disputes for 90 days following the date of transaction. In addition, We may maintain minimal data on You for a reasonable period of time if You have violated the Terms of Service resulting in an account ban in order to protect other users. You may submit a request for erasure by completing the Request Erasure of Data form in Our support center.  Discogs may ask for additional information to confirm Your identity prior to erasing Your Personal Information.

Your Portability Rights

You have a right to receive the Personal Information concerning You, which You have provided to Discogs, in a structured, commonly used and machine-readable format and You have the right to transmit those data points to another controller where Our processing is based on Your consent or any contract You have with Us and the processing is carried out by automated means. You may submit a request for portability by completing the Request Portability of Data form in Our support center.  We will comply with Your request within 30 days and if permitted by law.  Discogs may ask for additional information to confirm Your identity prior to providing You with the requested information.

Complaints

If You believe that Your privacy rights have been breached or that Your Personal Information has been compromised as a result of using Discogs, please contact Us via the support center or at privacy@discogs.com.  Discogs may ask for additional information to confirm Your identity prior to assisting with Your complaint.  We will respond to Your complaint within 30 days of receipt if permitted by law and may request additional information from You to complete Our investigation.  

You may also contact Our Data Protection Officer, Saski Wenge, directly with any complaints at s.wenge [at] dpoconsultancy [dot] nl.

If You are a resident of the EU or EEA and feel that Your privacy has been infringed by Our Services or practices, You have the right to lodge a complaint directly with a supervisory authority in Your member state of residence, place of work or place of the alleged infringement.  The name and contact details of the Data Protection Authorities in the European Union can be found here.  Discogs lead supervisory authority is Autoriteit Persoonsgegevens (The Netherlands).

For complaints related to the Digital Millennium Copyright Act or other copyright laws and regulations, please review the How Do I Report Copyright Infringement information documentation.  

Dispute Resolution

In the event that Discogs is unable to resolve any complaint or dispute that You bring to its attention, You may contact an independent dispute resolution body free of charge. Discogs has chosen JAMS as its independent recourse mechanism. You can file a claim with JAMS at the following website: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim. In some cases, You may be able to invoke binding arbitration.

General

We may amend this Policy at any time by posting the amended terms on this site and notifying You of material changes to the Policy along with an opportunity to opt-in to changes that require Your consent by law or regulation or to opt-out of any changes that decrease Your rights under this Policy. All non-material changes to Our terms are effective on the effective date of this Policy. We encourage You to review this Policy from time to time. By continuing to use the Services after non-material changes are effective, or after being notified of a material change, You will be deemed to have accepted the changes.

In the event that Discogs goes through a business transfer such as a consolidation, merger, restructuring, acquisition, or sale of part or all of Our assets, We will obtain Your consent to the transfer of Your information as permitted by law and to the continued use of Your information by the recipient following the transfer so long as they comply with this Policy.

Discogs is subject to the investigatory and enforcement powers of the Federal Trade Commission in connection with its Privacy Shield compliance.

Contact Us

You can contact Us about this Policy via Our support center or at privacy@discogs.com.  

 

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Discogs App Privacy Policy

This privacy policy governs your use of the software application, Discogs App, for mobile devices. This policy supplements the information set forth in the website Privacy Policy.

 

User provided information

Discogs App obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

 

Automatically collected information

In addition, Discogs App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

 

Does the Application collect precise real time location information of the device?

Discogs App does not collect precise information about the location of your mobile device.

 

Do third parties see and/or have access to information obtained by Discogs App?

Only aggregated, anonymized data is periodically transmitted to external services to help us improve Discogs App and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

 

What are my opt-out rights?

You can stop all collection of information by Discogs App easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

The Discogs App uses Flurry Analytics, you can view Flurry's Privacy Policy here. Flurry has designed their services to keep consumer privacy in mind. However, we understand that you may still prefer to opt-out from being included in Flurry services. To opt-out, please fill out this short form here.

 

Your consent

By using the Discogs App, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

 

Contact us

If you have any questions regarding privacy while using Discogs App, or have questions about our practices, please contact us via http://www.discogs.com/support or via email at app@discogs.com.

  

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Shipping Labels Terms of Service for Discogs.com

ACKNOWLEDGEMENT AND ACCEPTANCE OF SHIPPING LABELS TERMS OF SERVICE

Discogs.com ("Discogs", the "Service"), owned and operated by Zink Media, LLC ("Zink Media"), is provided to you ("Member") under these Shipping Labels Terms of Service (“Shipping Labels TOS”) and any operating rules or policies that may be published by Discogs. The Shipping Labels TOS, together with the Terms of Service, comprise the entire agreement between Member and Discogs and supersedes all prior agreements between the parties regarding the subject matter contained herein (the “Shipping Labels Service”).  BY USING THE DISCOGS SHIPPING LABEL SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SHIPPING LABELS TOS.

 

DESCRIPTION OF SERVICE

Members located in the United States may purchase shipping labels and postage to fulfill orders placed through the Discogs Marketplace.  Discogs serves as an intermediary for the purchase between Members and the United States Postal Service (“USPS”).  

Please see our Shipping Labels Services FAQ for more information here and here.  

 

MODIFICATIONS TO SHIPPING LABELS TERMS OF SERVICE

Discogs may at any time revise the Shipping Labels TOS by updating this posting. By using Discogs, Member agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Shipping Labels TOS to which you are bound. Member's continued use of Discogs constitutes an affirmative: (1) acknowledgement by Member of the Shipping Labels TOS and Shipping Labels TOS modifications; and (2) agreement by Member to abide and be bound by the Shipping Labels TOS and Shipping Labels TOS modifications.

 

MODIFICATIONS TO SHIPPING LABELS SERVICE

Discogs reserves the right to modify or discontinue the Shipping Labels Service with or without notice to Member. Discogs shall not be liable to Member or any third party should Discogs exercise the Shipping Labels TOS right to modify or discontinue the Shipping Labels Service.

 

MEMBER RESPONSIBILITIES

Members must specify shipping costs (range) and processing times in their listings and provide a valid address from which they will ship.  Members are permitted to charge or pass through shipping costs to customers as set forth on the seller pages. Members must ship order to customers promptly after they are sold.  Members are responsible for complying with all applicable local and international shipping and customs regulations, as well as USPS rules, when using Discogs Shipping Labels Services shipping services.  Please see USPS Shipping Restrictions and A Customer’s Guide to Mailing.

The Shipping Labels Services may only be used in association with orders placed through the Discogs Marketplace.  Labels may not be transferred or sold to a third party.  Members may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Shipping Labels Service, use of the Shipping Labels Services or access to the Shipping Labels Services.  Members may not use the Shipping Labels Services for any illegal or unauthorized purpose, including violation of any laws in a Member’s jurisdiction.

 

FEES

Shipping costs will vary depending on the origin, destination, weight, dimensions, and any signature confirmation or insurance applied to the package.  Discogs charges a fee of 11% (“Discogs Fee”) on each purchase through the Shipping Labels Services.  When a purchase is made through the Shipping Labels Services, Discogs will charge the Member’s PayPal account for the amount of the purchase, including the Discogs Fee.  You authorize Discogs to charge your PayPal account for the Shipping Labels Services in accordance with these Shipping Labels TOS.

 

CANCELLATION

Label and postage may be cancelled or voided at any time unless (i) the label and postage have been used (as evidenced by USPS scan) or (2)  more than thirty-five (35) days have passed since the label and postage was purchased.  If the label and postage are eligible for cancellation or voidance, and the Member requests that the label be cancelled/voided and refunded, Discogs will refund the Member automatically through PayPal.  The refund will consist of the total shipping and postage costs originally charged, including the Discogs Fee.

If PayPal declines to remit payment to Discogs for the cost of any Shipping Labels Services a Member has ordered, then the label and postage will not be available through Discogs.

 

AUTOMATED PACKAGE VERIFICATION

Discogs supports the USPS Automated Package Verification ("APV") System.  This allows USPS to verify the accuracy of the postage amount and issue debits or credits where that amount is incorrect.  When purchasing shipping labels through discogs.com, any postage amount discrepancy is debited or credited to the Discogs account.  Discogs will then pass along that debit or credit to the Member's account.  If a postage amount purchased through discogs.com is less than the amount required to ship the package, then Discogs will invoice the Member for the difference.  If a postage amount purchased through discogs.com is greater than the amount required to ship the package, then Discogs will credit the Member’s account for the difference.

 

INSURANCE

At this time, the Discogs postage and label program does not support additional insurance add-ons. Please see the USPS page for additional details on Shipping Insurance and Extra Services.

 

LOST, STOLEN, DAMAGED, AND RETURNED PACKAGES

Discogs only assists with the postage and label purchase.  All issues with package delivery must be handled directly through the shipping provider.  Members may need to reference the tracking number of the package in order for the shipping provider to investigate the issues.  The tracking number can be found on the label itself.  Members may contact the carrier for additional information.

 

PRIVACY POLICY

Your use of the Shipping Labels Service is subject to the Discogs Privacy Policy.

 

INDEMNITY

You agree to indemnify and hold Discogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Shipping Labels Service, your connection to the Shipping Labels Service, your violation of the Shipping Labels TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Shipping Labels Service, including, but not limited to, costs incurred for Internet access.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SHIPPING LABELS SERVICE IS AT YOUR SOLE RISK. THE SHIPPING LABELS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) DISCOGS MAKES NO WARRANTY THAT (i) THE SHIPPING LABELS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SHIPPING LABELS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SHIPPING LABELS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SHIPPING LABELS SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHIPPING LABELS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOGS OR THROUGH OR FROM THE SHIPPING LABELS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SHIPPING LABELS TOS.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCOGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISCOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SHIPPING LABELS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SHIPPING LABELS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SHIPPING LABELS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SHIPPING LABELS SERVICE.

 

VIOLATIONS

To report violations of the Shipping Labels TOS, please use the Support Request Form. To expedite the processing of your report, please include as many details as possible about the violation.

 

GENERAL

The Shipping Labels TOS is governed by and interpreted in accordance with the laws of the State of Oregon, United States of America, without regard to principles of conflicts of laws.  The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the Shipping Labels TOS.  The failure of Discogs to exercise and enforce any right or provision of the Shipping Labels TOS shall not constitute a waiver of such right or provision.  If a court finds any portion of the Shipping Labels TOS to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the Shipping Labels TOS will remain valid and enforceable.

 

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Platinum Seller Program - Terms Of Service

Eligibility:

To be eligible for the Platinum Sellers Program, a user must:

  • Be a registered Discogs user with a Verified PayPal account entered in their Seller Settings who is shipping from the US, UK, DE or NL.
  • Agree to our general Terms Of Service and Privacy Policy.
  • Have an active Discogs account that has not been suspended in the past 30 days due to one or more overdue sales fee invoices or violations of Discogs rules and guidelines.
  • Initial eligibility granted based on having a Discogs-projected annual gross sales of €50,000 or more.
  • Starting Jan. 1, 2018, have rolling annual gross sales of €50,000 or more. Eligibility is assessed 4x/year following the end of each calendar quarter. Eligibility in the program is maintained unless a seller has 4 consecutive quarters where rolling year gross sales are under €50,000.
  • Have a Discogs seller feedback rating of 98% or higher.
  • Have a Discogs order cancellation rate of no more than 10% per business quarter.  Orders cancellation rate includes all orders within a business quarter that have been updated to Cancelled status due to seller, buyer or Discogs action.

Discogs reserves the right to revoke a seller’s membership in the Platinum Seller Program if the seller fails to continually meet the above criteria following enrollment in the program.

Notification of eligibility or termination of eligibility will be sent electronically to the email address entered in the user’s Discogs Settings.

Benefits:

Members of the Platinum Seller Program may receive:

  • One banner ad to run on the logged out version of the Discogs site for 30 days.
  • One feature story published on the Discogs blog.
  • Escalated support from a Discogs Support Coordinator.
  • First pick of preferred vendor tables at Crate Diggers events.
  • Discounted fees for our Payments program.

Benefits are subject to change and availability.  

  

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Discogs Payments Policy

Effective Date: January 30, 2018

This policy outlines payment options between sellers and buyers on the Discogs Marketplace and related personal data sharing.  Discogs offers multiple payment options, but has the right to remove options at any time that pose a threat to the security of our users.  As a buyer, if you are not comfortable with the payment options provided for a certain item, then don’t buy the item from that seller!

This policy sets out your rights and responsibilities with respect to payments made for items listed in the Discogs Marketplace.  This policy is a legally binding contract between you and Discogs.  You agree to the terms set forth in this policy when you purchase or sell items through the Marketplace.  This policy is also a part of our Terms of Service. By using any of our Services, you’re agreeing to the Terms of Service.

Overview

Sellers may choose from a variety of payment options for the items they list in the Marketplace, including:

Payment option availability may vary from country to country.  

 

Third Party Payment Processors

Some payment options may require you to register with, and agree to the terms of, third party service providers who act as payment processors on our behalf.  Examples include PayPal and Adyen.  If you select Discogs as your payment processor then Adyen will be providing the service on our behalf whereas, in the U.S., you will be contracting for this service directly with Zink Media, LLC (Discogs) (State of Oregon Domestic Business Corporation with registration number 724027-88), and in the EU, you will be contracting for this service directly with Discogs B.V. (Netherlands Chamber of Commerce registration number 63544962).

When you use payment processing services provided by PayPal or Adyen, your right to use such services is strictly confidential for the purpose you provide in the details of your registration. You may not resell, hire, or on any other basis, allow third parties to use the payment services to enable such third parties to be paid for their services. You may not use the payment services for any different purpose than as registered with those providers. If we or the third-party payment processors at any time discover that the information you provided about you or the purpose of your use is incorrect or changed without informing us or if you violate any of these conditions, the services may be suspended and/or terminated with immediate effect and fines may be applied by financial institutions, credit card companies, and/or the authorities for unregistered use of payment services which will in such case be payable by you. We will assist and support you in your use of the payment processing services to be provided by third-party payment processors and we will provide you with first-line assistance with and enable you to connect to the systems of those third-party payment processors to be able to use its services. For this purpose, you understand that you are instructing those third-party payment processors to provide us with access to your data and setting in their systems, which are used by them to provide the services and authorize us to manage these on your behalf. While we may help facilitate such registration in some cases in connection with payment processors with which we have partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of our services (and related third-party services). Where such information consists of Personal Information (as defined in our Privacy Policy), it will only be shared in accordance with the Privacy Policy.

 

Discogs Payments

Eligibility

Participation in the Discogs Payments program is available only in certain markets. To sign up, users must go to https://www.discogs.com/settings/seller/. Under Payment Methods, eligible users will have an option to click Setup Payments.

Requirements vary based on whether or not the Seller is an individual or company. All Sellers are required to upload a social security number as part of the signup process.

Once setup is concluded and Payment Methods changes are saved, Buyers will begin to see the option to pay with Discogs Payments and any other payment method chosen by the Seller.

Processing Fees for Sellers

Sellers are charged a fee on the gross amount of the transaction. This includes the cost of goods, shipping and any applicable taxes. This fee is in addition to the Discogs seller fee.

  • Payment Processing Fee:

    Payout Fee (if applicable):

    • Weekly payouts: Free to all sellers
    • Semi-weekly payouts: $.20 per payout (Free to Platinum sellers)
    • Daily payouts: $.30 per payout (Free to Platinum sellers)

     

Payout Schedule

When a Buyer checks out using Discogs Payments, the transaction is split so that funds are disbursed to Discogs and the Seller where the Seller receives the amount of the transaction less the Discogs Platform and Payment Processing fees.

Sellers are disbursed their balance each Tuesday to the bank account specified when setting up a Discogs Payments account. At this time, the bank account cannot be changed after setup is complete.

Eligible Payment Methods

Discogs Payments currently supports the following credit and debit cards:

  • Visa
  • MasterCard
  • American Express
  • Discover
  • Diner's Club
  • JCB

Disputes and Refunds

For information on dispute resolution, please see Payment Disputes and Resolution below.

Sellers using Discogs Payments will be able to send refunds directly from the page detailing each individual order. Buyers and Sellers will be able to see that a refund has occurred, and the amount of the refund, on the relevant order's detail page. Sellers will also see refunds for orders paid with Discogs Payments in their pending payouts, and in the histories of each previous payout where refunds occurred.

Refunds will be drawn from Sellers' pending balances when possible. Sellers will have a grace period of one month to fund the refund, should their pending balance be insufficient to do so. After this grace period, Discogs reserves the right to assess the outstanding refund as a charge on the Seller's next periodic bill.

 

Seller Responsibilities

Sellers may only use payment options offered through our sites for the sale of items listed in the marketplaces that we host.  Sellers must ship sold items once a payment transaction is complete and update all information related to the order in their account.  We reserve the right to terminate a seller’s access to certain payment options and account if the seller abuses this policy.

If you accept payment via our third party payment processor options, the following policies must be applied to all orders:

  • Invoice the buyer directly through Discogs (third-party invoice systems, Adyen or PayPal invoice are prohibited);
  • Do not accept or solicit payment as a gift, payment as a friend, or payment directly via PayPal address;
  • Do not accept or solicit additional funds as reimbursement for fees charged by Discogs or third-party payment processors..
  • PayPal must be offered to all regions that you ship to. It is not permissible to only allow PayPal payment from some regions, but require other regions to use a different payment method.

 

Buyer Responsibilities

Buyers may authorize payment using any available payment options.

 

Discogs Responsibilities

Payment options may change based on the addition of new options or removal of options that we do not find to be secure for our users.  All changes are made at our discretion.  We may impose transaction limits for certain payment options or limits on the number of transactions allowed during any given time period.  We are not liable to sellers if we halt a transaction that exceeds our established limits or permit a buyer to withdraw from a transaction.

We may cancel transactions that we find to be fraudulent or that violate our Terms of Service.  We do not share any secure information, such as credit card or bank account information, directly with sellers.  Please see our Privacy Policy for further information about how we share information.

 

Payment Disputes and Resolution

Sellers agree to resolve any disputes directly with a buyer. In the event that a dispute is escalated to us, we reserve the right to issue a refund to a buyer if a transaction is found to be in violation of our Sales & Transaction Policy and Terms of Service.

If you find you are unable to come to mutual agreement on a resolution for the purchase, or if either party is not exhibiting acceptable behavior as required, please take the following steps:

  • Immediately stop communication on the order page;
  • Contact the Discogs Community Success team, through email (help@discogs.com) or our Contact Form.

Our team will be happy to provide assistance with further communication, guidance for contacting your payment provider to open a refund or resolution claim and advise of any actions relating to potential Discogs policy violations.

In the event the disputed transaction occurs via a Discogs Payments method, Discogs will assist the parties in resolving the disputed transaction. Once Discogs delivers a decision on a disputed transaction, the Seller and Buyer must comply with the resolution. Failure to comply with the decision may result in the suspension of a user’s account.

 

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API Terms of Use

Last modified on: February 21, 2018

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

These Terms of Use (“TOU”) govern your (“You” or “Your”) use of Discogs’ Application Program Interface (Our “API"), which is owned and operated by Zink Media, LLC  d/b/a Discogs ("Discogs," “Our”), and data made available through Our API (the “Content”). The TOU comprises the entire agreement between You and Discogs regarding the TOU and supersedes all prior agreements between You and Discogs regarding the TOU. The TOU applies to any API and Content made available by Discogs.  BY ACCESSING OUR API AND THE CONTENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TOU.

If You are under the minimum age of consent to enter into a contract in your jurisdiction, then You may not use or access Our API or the Content.  Discogs does not direct or offer any of its services to children under the age of 13 in the United States. Therefore, in the United States, You must be at least 13 years of age to access Our API and the Content.

If You object to any terms and conditions of these TOU or become dissatisfied with Our API or the Content in any way, Your only recourse is to immediately discontinue use of Our API and the Content.

 

DESCRIPTION OF CONTENT WITHIN THE API

Discogs and Discogs’ affiliates’ websites, include: discogs.com, gearogs.com, bookogs.com, filmogs.com, posterogs.com, comicogs.com, cratediggers.com, vinylhub.com, and, together with any other website we develop and host in the future, are collectively referred to as Our “Websites.” Users of our Websites create and upload Content in the course of their ordinary use. Our API permits You and other developers to access the Content from the Discogs Database. Discogs owns the API, but users own their own Content.  Some Content is CC0 Data (https://wiki.creativecommons.org/wiki/%20CC0_FAQ#Questions_about_CC0_generally) and some is Restricted Data, as defined below.

CC0 Data: The Content includes the following JSON- and XML-formatted, CC0 data (the “CC0 Data”):

  • Release titles, notes, dates, format, track listings, barcodes and other identifiers, credits, versions, URL links to third-party sites
  • Artist names, notes, associated releases
  • Label, producer, manufacturer, distributor, etc. names and contact information, notes, and associated releases

Restricted Data:  Our API provides access to the following restricted use Content (data that is not CC0) (the “Restricted Data”).  

  • “Discogs User Data” - Required category: username; User Images (defined below); Optional categories that user may display on Discogs: actual name, Discogs homepage, geographic location, biographical information, currency for the Discogs Marketplace, collection, and wantlist.
  • “Marketplace Data” such as related to inventory, orders, lists, fees, pricing suggests, including but not limited to: pricing, release images posted in connection with offers for sale, and sales history.
  • “Images” - Images posted by users to Our Websites must comply with our Database Guidelines 13. Images and meet the following requirements:
  1. Image is Public Domain (expired copyright or public from inception), or;.
  2. The user owns the rights to the image and agrees to make it available via a CC0 "No Rights Reserved" license, or;.
  3. Image is already made available through a CC0 "No Rights Reserved" license, or;
  4. Fair Use – any image representing a physical or digital product in the Discogs Database for the purpose of critical commentary or for the purpose of reselling the work under the First Sale Doctrine.
    • “Release Images” include images depicting the release and are used in the Discogs Database and Marketplace in compliance with applicable intellectual property laws.
    • “Artist Images” include images of the artist or artists associated with releases listed in the Discogs Database.
    • “Label Images” include images related to any entity or person (other than the Artist) associated with the production, manufacture, distribution, etc. of each release.
    • “User Images” include profile images, avatars, and banners uploaded by users to their pages.

 

API USE AND RESTRICTIONS

1. You will comply with all laws and regulations that apply to You, wherever You are located, related to Your use of Our API or the Content, including privacy and intellectual property laws.  We offer Our API and the Content as a convenience to You and other developers, and you understand that there may be rate limits and restrictions to the data fields displayed per application or service.

2. You agree to be responsible for your conduct while using Our API and the Content. With respect to Our API and the Content, You will not:

    • Attempt to or actually replicate, duplicate, reverse engineer, or access internal or legacy Our API or the Content for any purpose other than in compliance with these TOU.  An example of a breach of these TOU would be using Our API to circumvent Our marketplace platform.
    • Circumvent any security features or technical limitations of Our API.
    • Combine Your application or website code with Our API in a way (such as using a software license) that is incompatible with the TOU or any of Our Websites’ policies.
    • Attempt to or actually circumvent Our rate limits, such as by creating additional API keys to overcome these limits.
    • Use Our Restricted Data within the API with a third-party advertising or marketing platform unless expressly authorized in writing by Discogs.
    • Use Our API to collect, scan, or otherwise request Content for licensing or Content removal except as allowed under the TOU or unless expressly authorized in writing by Discogs.
    • Introduce any code to Our Websites or Our API that is harmful (i.e., viruses).
    • Use Our API or the Content to transmit spam, unsolicited marketing communications, or any other information that violates any policies posted to Our Websites, or if permissible under these TOU, transmit such information to any person who has not given specific permission to be included in such a process.

 

  • Use or attempt to use automated systems designed to access, analyze, or scrape Our website, including Our API and/or the Content, unless expressly authorized in writing by Discogs.
  • Otherwise attempt to harm or damage Discogs, any of Our affiliates, and/or Our users by modifying Our Websites, Our API, or the Content in any way.
  • Violate any United States or international laws regarding the transmission of Content exported from Our API.
  • Use Our API of the Content for illegal purposes.
  • Interfere or disrupt networks connected to Our API, or violate any regulations, policies and procedures of networks connected to Our API.
  • Facilitate the transmission of any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature, including any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
  • Attempt to gain unauthorized access to Our or other’s computer systems.
  • Interfere with another user’s use and enjoyment of Our API or the Content or another entity's use and enjoyment of Our API or the Content.
  • Otherwise attempt to harm or damage users, consumers, or business entities, including Discogs.

Commercial use of Our API and the Content is generally permitted, but may not be permitted, if, in Our sole discretion we determine the commercial use is prohibited. Prohibited commercial uses include, but are not limited to:

  • Selling or giving any third party Our API, the Content, or access to Our API or the Content.
  • Charging a fee to use or access any part of Your application that integrates with Our API if we provide that access to users free of charge, without Our express written permission.
  • Using Our API or the Content with the intent to drive traffic to other non-Discogs websites or services.
  • Using Our API or the Content to determine information about Our internal systems or to perform marketing analytics, without Our express written permission.
  • Using Our API or the Content in any manner that would otherwise require (i) valid legal civil or criminal process, or (ii) express permission from the affected users.
  • Using Our API or the Content in violation of any applicable law or regulation worldwide, including all intellectual property laws and regulations.

 

If You have questions about Your use of Our API or the Content, please contact us at support.discogs.com.  

See “User Conduct” below for additional information about Our expectations and Your responsibilities related to use of Our API and the Content.

 

3. The Content within Our API includes both CC0 Data and Restricted Data .  

CC0 Data: CC0 Data is made available under the CC0 No Rights Reserved license.

Restricted Data: Restricted Data is subject to the following use rules and restrictions:

Discogs grants You a limited, personal, non-sublicensable, non-transferable, non-exclusive, revocable license to access and use the Content and Our API to create and run websites and applications.  

You may also be subject to one or more of the following terms: Discogs Terms of Service, Privacy Policy, Intellectual Property PolicySales & Transactions Policy, and any other policies posted to Our Websites, which terms shall take precedence over these TOU terms.

In addition to the restrictions set forth in Section 2 above, with respect to all Restricted Data, You may not:

  • Transfer Restricted Data to any third party.
  • Use Restricted Data for any commercial purposes.
  • Use Restricted Data in any manner that violates the privacy, intellectual property, or any other rights of users, consumers, or business entities, including us, or otherwise violates our Policies. 

4. Additional information about Content made available through Our API is located in the API Specifications.

5. The Content within Our API is dynamic and is quickly outdated. You may not display in any format or to any audience the Content if it is more than six (6) hours older than the information on Our Websites and applications.  You may not cache or store the Content longer than is necessary to provide a service to Your application’s users.  

 

DISCOGS INTELLECTUAL PROPERTY

We require You to display the following notice prominently on Your application and any other public-facing use of Our API and the Content that You create: "This application uses Discogs’ API but is not affiliated with, sponsored or endorsed by Discogs.  ‘Discogs’ is a trademark of Zink Media, LLC." This notice may be included in Your TOS or usage documentation.

In addition, You must display the following notice directly next to any data You use from the Discogs API: “Data provided by Discogs”.  The notice must include a hyperlink to the discogs.com page that includes the data.  The link back must not include a “no follow” attribution.

Please see Our Application Name and Description Policy for additional information about the use of Discogs trademarks.

 

API ACCESS AND TERMINATION

Discogs reserves the right to charge for access to, or use of, Our API in the future.

If You violate the TOU or any of Our Website policies, we may revoke Your API access or Your account privileges (including Your related accounts). If you have any questions about whether your intended use will violate the TOU, please contact us at support.discogs.com.

Discogs may terminate Your access to Our API at any time and for any reason, in its sole discretion. You agree that the termination of Your access to Our API may be effected without prior notice, and acknowledge and agree that Discogs may immediately deactivate or delete Your Discogs account and any or all related information and files. Discogs may bar any further access by You to Our API. Discogs shall not be liable to You or any third party for the termination of Your access to Our API. Advanced accounts that are terminated will not be refunded.

 

MODIFICATIONS TO TERMS OF USE

Discogs may at any time revise the TOU. By using Our API and the Content, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOU to which You are bound.

Your continued use of Our API and the Content constitutes an affirmative:

(1) acknowledgement by You of the TOU and TOU modifications; and

(2) agreement by You to abide and be bound by the TOU and TOU modifications.

If Discogs makes any changes to the TOU that it believes to be material, we will send an email to the address associated with Your account. You consent to receive these messages, and it’s Your responsibility to review these changes. Your continued use of Our API and the Content after we’ve notified You of an update will constitute Your acceptance of the updated TOU.

 

MODIFICATIONS TO API DATA AND AVAILABILITY

Discogs reserves the right to modify or discontinue Our API and the Content therein with or without notice to You. Discogs shall not be liable to You or any third party should Discogs exercise this right to modify or discontinue the API or the Content therein.

 

USER ACCOUNT, PASSWORD, AND SECURITY

You must provide accurate identification data and agree to comply with Our security requirements in order to access Our API. If We require a user profile for access, You must promptly update Your account with any registration data changes.  Contact us at support.discogs.com if You discover any security concerns or believe Your account has been compromised.

 

NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. Discogs may broadcast notices or messages through the email address You registered with us to inform You of changes to the TOU, Our API, the Content, or other matters of importance; such broadcasts shall constitute notice to You.

 

LINKS

The Content may provide links to other websites or resources. Because Discogs has no control over such sites and resources,  Discogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. DISCOGS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF OUR API AND THE CONTENT IS AT YOUR SOLE RISK. OUR API AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) DISCOGS MAKES NO WARRANTY THAT (i) OUR API OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) OUR API OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR API AND/OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH OUR API OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN OUR API OR THE CONTENT WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR API OR THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOGS OR THROUGH OR FROM OUR API OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

(e) DISCOGS DOES NOT PROMOTE OR CONDONE ANY IDEAS OR MESSAGES CONTAINED IN OUR API OR THE CONTENT.

 

LIMITATION OF LIABILITY

DISCOGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISCOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR API OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY INFORMATION OBTAINED THROUGH OUR API OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR API OR THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO OUR API OR THE CONTENT.

To the maximum extent permitted by applicable law, You hereby release and waive all claims against Discogs, and Our subsidiaries, affiliates, officers, agents, licensors, or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the API and the content.

For the avoidance of doubt, when You use Our API or the Content for any reason, You (and Your successors in interest) acknowledge Our API and the Content is offered with no warranty of non-infringement. You specifically agree not to sue us or Our users on intellectual property claims related to Your use, or related to any technologies we own that make Your application possible. Specifically, You will not bring any intellectual property infringement claim, nor assist any third party in doing so, against us or Our users, related to Your use of, and access to, Our API (including how Your application interacts with us, Our API, Websites and applications) or the Content.

 

INDEMNITY

You are solely responsible for Your actions when using Our API and the Content.

You agree to indemnify and hold Discogs, and its subsidiaries, affiliates, directors, officers, members, managers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of Our API or the Content, Your connection to Our API, Your violation of these TOU, or Your violation of any rights of another in connection with Your use of Our API or the Content.

 

VIOLATIONS

To report violations of these TOU, please click “New Support Ticket” at support.discogs.com. To expedite the processing of Your report, please include as many details as possible about the violation.

To report copyright infringement, please follow the instructions at Filing a Claim of Copyright Infringement.

 

GENERAL

These TOU are governed by and interpreted in accordance with the laws of the State of Oregon in the United States of America, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the state or federal courts located in Washington County, Oregon with respect to any dispute or claim arising out of or in connection with the TOU, and expressly waive lack of personal jurisdiction there. The failure of Discogs to exercise and enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court finds any portion of these TOU to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOU will remain valid and enforceable. You and Discogs are at all times independent contractors and there are no third-party beneficiaries to this TOU.

  

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Application Name and Description Policy

Discogs is dedicated to our community and open source, and our data is made available under the CC0 No Rights Reserved license; however, there are certain restrictions in how applications can use our name and logo. The Discogs name and logo are registered trademarks and should be used in accordance with the relevant trademark laws.

You may accurately indicate that your application is integrated with Discogs. However, you may not use our brand in your name in an unauthorized way that implies partnership, sponsorship, or endorsement by us.

The Discogs brand includes, but is not limited to, the Discogs name, the Discogs logo, or any word, phrase, image or other designation that identifies the source or origin of any of Discogs' products.

Do:

Accurately describe how your application works with Discogs, such as:

  • "Log in with Discogs"
  • "View your Discogs Collection"
  • "Access your Discogs Wantlist"

If you want to use "Discogs" in your application's name, a common way to handle this without implying partnership, sponsorship, or endorsement from us is to have a unique application name, followed by "for Discogs".

The following are examples of acceptable usage of the Discogs brand in an unaffiliated app:

  • "My Music for Discogs"
  • "Vinyl Catalog for Discogs"
  • "Collect for Discogs"

Don’t:

Use our brand in a way that implies partnership, sponsorship, or endorsement by us, such as:

  • Combine any part of our brands with your name, marks, or generic terms
  • Use names or logos that imitate or could be confused with our brands
  • Present our brand assets in a way that make them the most distinctive or prominent feature of what you're creating

The following are examples of unacceptable usage of the Discogs brand in an unaffiliated app:

  • "Discogs App"
  • "My Discogs"
  • "Discogs Collector"
  • "Catalog by Discogs"

Be aware that both Apple and Android have app policies related to copyright infringement and impersonation, and an app that is in violation may be removed from the App Store / Play Store.

Android Policy:

  • Intellectual Property: "Google Play policies prohibit apps that infringe trademarks. If you publish apps on Google Play that use another party's trademarks in a way that is likely to cause confusion, your apps can be suspended and your developer account terminated."
  • Impersonation: "If your app displays the brand, icon, or title from another app in order to get users to download your app, you are leading users to believe that your app is developed by the same entity as the other app and offers similar content or experience. This is an impersonation of the other app and developer, and it is a violation of Google Play’s policies. If you publish apps that violate impersonation policies, your apps can be suspended and your developer account terminated."

Apple Policy:

 

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Information For Artists And Labels

We receive quite a few questions from artists and labels who are interested in the information about themselves listed on Discogs. We have put together the following FAQ which answers the most common questions:

 

Who created an account for me on your site?

The artist/label discographies are not accounts, they are lists of releases that have been entered to the site. User accounts are separate from artist and label profiles. Please see the following pages for more info: 

 

Who added my discography to your site?

Discogs is a user-built website that relies on its user base to add and update the information that we display. Anyone can add and edit the information.

 

Can I get exclusive control of my artist or label page?

Sorry, no. Nobody 'owns' the information, and no one user has control over the information.

 

Can I request staff edits or changes to my information on Discogs?

All edits to the database must be done by the community - our staff do not make edits or adjustments. If you have spotted errors, we encourage you to open a free account and join the community to make edits. We recommend reviewing the editing guidelines and also discussing edits with the community in our forums.

 

Can I remove information?

Information is taken directly from publicly available releases in the possession of one or more members of the site, and cataloged for their benefit, as well as for other members benefit and the benefit of the public in general, under the fair use laws. We do not remove factual information. All contractual or legal issues should be taken up directly with the labels or others responsible for the release.

 

My copyright is being infringed, how do I fix this?

The information contained in Discogs is generally publicly available information and therefore can be freely cataloged and distributed without any copyright claims being valid. If you still feel your copyright is being violated, please see our Terms Of Service page for further details.

 

I want royalties for my music you have for sale on your site.

The resale of these releases by individuals is protected under the first sale doctrine. As the copyright owner, you only have the right to prevent others from copying and distributing (for free or for profit) copies of a work covered by a valid copyright. With sales on Discogs, there has been no copying and, therefore, no infringement.

 

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Intellectual Property Policy

Zink Media, LLC and its subsidiaries are committed to the protection of intellectual property, whether it belongs to us or to you (the user).  We are committed to complying with U.S. intellectual property laws, such as the Digital Millennium Copyright Act, as well as applicable international intellectual property laws and industry best practices.  We expect the same commitment from our users with respect to our intellectual property as well as the intellectual property of other users.

To report a copyright infringement, please follow the instructions on Filing a Claim of Copyright Infringement.

To report any other types of intellectual property infringement, please contact compliance@discogsinc.com.

We reserve the right to terminate account privileges of users that are subject to repeat notices of intellectual property infringement.

 

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Offensive Marketplace Item Guide

Discogs is committed to remaining an open discography of all viable audio recordings. (Please see our Database Guidelines for further information on items viable for database submission.) However, we reserve the right to block the sale of any release in the database from the Discogs Marketplace.

Discogs policy is to block any releases from our marketplace that, through images and text on the release itself, are primarily created to incite violent hatred against groups of people based on areas such as their ethnic, cultural, religious or sexual identity, or with reference to physical or mental health. The decision to not allow the sale of specific releases is at our sole discretion. Items that are blocked from being sold in the Discogs Marketplace are not removed from the database.

Discogs also reserves the right to block the use of the marketplace by any seller whose inventory contains an uncommon percentage of releases that feature hate speech, extreme prejudice against any other group of people, incitement to violence, or otherwise violate marketplace policies. If you are concerned about a release or releases you want to sell, please contact us before listing the item for sale.

 

Reporting an Item:

To make it as efficient as possible for the community to report individual items, as well as for our staff to review, we have implemented a reporting option, available on each release page.

Only items in violation of the above policies will be reviewed for potential marketplace blocks, and only if reported through the link on the release page. If the item is deemed in violation of our offensive materials policy, it will be blocked from sale in the marketplace but will remain in the database. Review decisions are final, and will not be discussed by our support staff.

 

Reporting Inventory:

Community members with concerns about a seller whose overall inventory may violate our policy are asked to please contact us directly.

  

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How Do I Report Copyright Infringement?

Notice and Procedure for Making Claims of Copyright Infringement

Zink Media, LLC (d/b/a Discogs) stores and publishes information on publicly available audio items on Discogs.com, under the fair use laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Discogs.com's copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Discogs.com that your copyrighted material has been infringed. We also recommend that you notify the alleged infringer directly.

Please carefully consider your claim prior to submitting it. Submitting false claims through this process may result in Discogs taking actions against your account, including, but not limited to, account suspension or termination. In addition, false statements in your notice may lead to civil or criminal penalties.

Required Materials and Information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed upon.
  • A description of where the material that you claim is infringing is located on the site.
  • Your address, telephone number, and e-mail address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please complete the Notice of Copyright Infringement form to submit your notice to us.  You do not need to be signed into an account to submit this form.

Alternatively, Discogs.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

Discogs.com

PMB # 323

6663 SW Beaverton-Hillsdale Hwy.

Portland, OR 97225-1403

USA

 

Questions can be submitted to: compliance@discogs.com

 

Notice and Procedure for Making Counterclaims

If your listing was reported and you believe your listing was removed in error, then we recommend that you contact the rights owner directly. If the rights owner has made a mistake, then they can contact us directly to retract their original notice.

You may also file a counter-notice by sending the following information to our Copyright Agent. Please carefully consider your claim prior to submitting a counter-notice. Submitting false claims through this process may result in Discogs taking actions against your account, including, but not limited to, account suspension or termination. In addition, false statements in your written counter-notice may lead to civil or criminal penalties.

Required Materials and Information:

  • Your electronic or physical signature.
  • A description of the material that has been removed.
  • A description of where the material is located on the site.
  • A statement by you, made under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification of the material to be removed.
  • Your address, telephone number, and e-mail address.
  • A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the complaint set forth above (if you are located outside of the United States, you must state that you consent to the jurisdiction of any United States federal district court in which we may be found).  

Once we receive a valid counter-notice, we'll provide a copy of the notice to the complainant to inform them that the listings will be reinstated after 10 business days if they don't inform us that they have filed an action seeking a court order to restrain you from relisting the items.

Discogs.com's Copyright Agent for notice of counterclaims of copyright infringement on its site can be reached as follows:

Copyright Agent

Discogs.com

PMB # 323

6663 SW Beaverton-Hillsdale Hwy.

Portland, OR 97225-1403

USA

 

Questions and completed counterclaims can be submitted to: compliance@discogs.com

 

 

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