2024年9月5日改訂
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ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The functionality, features, and services available for use on the domains discogs.com (including subdomains and related applications) and nearmint.io (collectively, the “Service”), owned and operated by Zink Media, LLC (d/b/a Discogs) (“We,” “Our,” or “Us”), are provided to you ("You" or “Your”) under these Terms of Service (the “TOS”) and any guidelines and policies that may be published by Us. We rely on our affiliates, Discogs B.V. and Discogs G.K., to assist with our compliance efforts in certain jurisdictions. TOS comprises the entire agreement between You and Us and supersedes all prior agreements between the parties regarding the subject matter contained herein. Additional policies and guidelines found in our Help Center are intended to supplement and are hereby incorporated within this TOS. BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS, as well as supplementary policies and guidelines issued by Us.
You must be at least 18 years old to use or access the Service in any manner, including to register for an account, unless Your jurisdiction provides for a different minimum age to enter into a contract.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER WITHIN THE “DISPUTE RESOLUTION” PROVISION BELOW PURSUANT TO WHICH YOU MAY BE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN A COURT OF LAW, PARTICIPATE IN A CLASS ACTION OR PUTATIVE CLASS ACTION LAWSUIT, OR TO HAVE DISPUTES HEARD BY A JURY AS FURTHER SET FORTH IN OUR PRIVACY POLICY.
We may at any time revise the TOS by updating this posting. If the changes materially impact the TOS, then We will use reasonable efforts to provide You with advance notification by placing a notice on Our Service, by sending You an email, and/or by some other means. We may not be able to notify You in advance of changes to the TOS, such as where (i) We are subject to a legal or regulatory obligation that requires an immediate action, or (ii) We are required to take an immediate action to address an unforeseen and imminent danger relating to a security risk (e.g., defending Our Service or users from fraud, malware, spam, data breaches or other cybersecurity threats). We will not impose a change in the TOS that has a retroactive effect, unless such change is required to respect a legal or regulatory obligation or if the changes are beneficial to You. In any case, if You do not agree to the changes, You can stop using Our Service, or if You are a registered user, then You can Close Your Account.
If You use Our Service in any way after a change to the TOS is effective, that means You agree to all of the changes. You should therefore periodically visit this page to determine the then-current TOS to which You are bound. Your continued use of the Service 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. We shall not be liable to You or any third party should We exercise Our TOS right to modify or discontinue the Service.
For quick access to a particular TOS section, click on the desired link below:
USER ACCOUNT, PASSWORD, AND SECURITY
EU DIGITAL SERVICES ACT STATEMENT
CONTACT INFORMATION AND ASSISTANCE
DESCRIPTION OF SERVICE
Discogs is a tool for music fans and record collectors, where You can explore discographies, build Your collection, connect with fellow music lovers, and buy and sell records using Our online marketplace. We provide 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. We may provide access to certain third-party content and/or services through the Service. Your access to and use of such third-party content and services is governed by the Third Party Terms, below.
FEES AND PAYMENTS
Some portions of the Service will be free of charge, others may cost money or have other requirements. The requirements or fees for any portion of the Service will be clearly explained and separately agreed to when You implement those portions, if any.
You are required to establish an account to purchase and/or sell items through the Service. If You are a seller, You are liable for fees arising out of all sales made using Our Service. The fees for selling are set forth in Our What Are The Fees For Selling On Discogs? support document. We may change Our selling fees from time to time by posting the changes on Our Service at least fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
Our technical infrastructure (physical and cloud) to support the Service is located in the United States. 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, cable, or other service fees associated with such access.
Sellers in certain locations may be able to purchase shipping labels through the Service. Please see the Shipping Labels Terms of Service for additional information.
Processing of financial transactions through the Service is currently managed by PayPal directly or one of PayPal’s alternative payment method partners: Mercado Pago, SOFORT, or iDEAL. You can pay with PayPal in all countries worldwide, except Turkey and Ukraine. In the Netherlands, You can pay with a bank transfer via iDEAL or SOFORT. In Austria, Belgium, Germany, Italy, Spain, and the United Kingdom, You can also pay with a bank transfer via SOFORT. In Brazil and Mexico, You can make payments via Mercado Pago using credit cards, debit cards, prepaid cards, Mercado Pago wallet balance, and other payment methods. If You select Mercado Pago, You will be subject to the applicable terms and conditions in Brazil and Mexico. We recommend that You review the terms and conditions for the payment provider You select to understand Your rights and responsibilities pursuant to that payment provider. In all cases, You will be transferred to the payment provider’s website to authorize Your payment.
All financial transactions between sellers and buyers are the sole responsibility of those parties. We will not be held liable for any issues concerning payment between You and another user. Refunds are at a seller’s own discretion and must be processed by that seller in accordance with their policies and in compliance with applicable laws and regulations. Issues concerning payment, disputes, and refunds must be handled between You, the other user(s), and PayPal or other selected payment providers. Any suspected fraudulent use will result in Your account being terminated immediately and activity reported to the authorities. You are responsible for paying all fees and applicable taxes associated with using the Service.
USER ACCOUNT, PASSWORD, AND SECURITY
You are required to create a Discogs account, if you do not already have one, to use some portions of the Service. If You decide to sell through the Service, You may be asked to provide personal information and be subject to verification processes. In such cases, You may be asked to provide additional information to Discogs or its trusted verification partners as required by applicable law. Failure to provide the necessary information may lead to suspension or termination of Your Discogs user account until the required information is provided. We will use, process and share such data for the purposes and in the manner described in Our Privacy Policy. You can manage Your account settings (e.g. username and password) and preferences from within Your account as noted in the How To Adjust Account, Notification & Other Privacy Preferences document. You are entirely responsible for any and all activities that occur under Your account if You do not maintain the confidentiality of Your password and account. Furthermore, You are entirely responsible for any activities that occur under Your account by You or someone You authorize to use Your account.
You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You by using the Support Request Form.
TERMINATION AND SUSPENSION
Termination
Termination of Your access to the Service can be initiated by Us or by You.
You agree that We, in Our sole discretion, may terminate Your account (if applicable), and remove and discard any of Your content within the Service, for any reason, including and without limitation, the lack of use, or if We find that You have violated or acted inconsistently with the letter or spirit of the TOS or any other policy related to the Service, including providing false information or failing to comply with Our Community Guidelines. We will provide You with a statement of the reasons for Our decision via email or Your Discogs inbox before or at the same time the action takes effect. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice if We have compelling reasons, such as if we are required by law or if immediate termination is required due to Your activity or the potential for harm to other users, and also acknowledge and agree that We may immediately deactivate or delete Your account and any or all related information and files. We reserve the right to bar any further access to such files or the Service. You agree that We shall not be liable to You or any third party for any termination of Your access to the Service.
Should You object to any terms and conditions of the TOS or other policies related to the Service, 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. If You are a registered user of the Service, You can Close Your Account to terminate Our relationship with You.
Upon termination of Your access to the Service, Your right to use the Service immediately ceases. You shall have no right and We will have no obligation thereafter to forward any unread or unsent messages to You or any third party.
Suspension
If Your account is suspended due to a violation of the TOS or other policies related to the Service, You can continue to access Your account information by logging into Your account directly.
LICENSE AND SITE ACCESS
We grant You a limited license to access and make personal use of the Service and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. Except where We provide You with express written consent, this license does not include any resale or commercial use of the Service, including its contents; any reuse of the Service contents (including database information) for cross-listing items on third-party marketplaces or other non-personal use or commercial purposes on third party marketplace or database platforms; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service, including its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, harvesting, or similar data gathering and extraction tools. The Service, including the content therein, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.
We strictly prohibit (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system using the Service content and (2) providing archived or cached data sets containing any Service content to another person or entity. Violation of the TOS may result in legal action by Us against You, including but not limited to claims for damages, injunctive relief, and legal costs.
USER CONDUCT
You 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 or other data exported from 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 laws, 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 laws, regulations, policies and procedures. You will not use the Service for fraudulent activity, 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 content or language of any kind or nature. You further agree 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. Refer to Our Community Guidelines for further information.
We may review Your account activity, such as private messages, account details and order pages, upon receipt of complaints from other users. In addition, We may, in Our sole discretion, immediately suspend or terminate Your account, if any, should Your conduct fail to conform with the TOS. Examples of conduct that may result in immediate account suspension or termination include: entering falsified information into the catalog in order to circumvent catalog or marketplace guidelines, including copyright laws; repeat or otherwise substantial infringement of intellectual property laws or regulations; opening new user accounts after original account has been banned; negotiating private sales of items in order to circumvent Marketplace fees; posting fraudulent Marketplace listings; failure to comply with Our Community Guidelines; circumventing or attempting to circumvent Our Offensive Marketplace Item Guide restrictions; etc.
If We decide to take action against Your account, We will provide You with a statement of reasons for that decision via email before or at the same time the action takes effect. If We decide to terminate Your account, We will provide You with a statement of reasons via email at least 30 days before the termination takes effect, unless (i) We are restricted from advance notice by law or (ii) immediate termination is warranted due to Your activity or the potential for harm to other users (e.g., fraudulent activity on the Service). If action is taken against Your account, You can contact us at Our Support Request Form to clarify the facts that led to the decision, so that You can, where possible, correct the issues.
USER CONTENT
As part of the Service, You may post, upload, input, transmit, send, submit, or otherwise contribute (collectively, “Contribute”) to the Service certain images, item information, personal information, and other content (“User Content”). User Content promotes the growth of information (i.e., music, literary, etc.) and relates to the sale of items through Our Marketplace, pursuant to Our mission. Some User Content may be in the public domain (i.e., expired copyright or public from inception) or otherwise available through a CC0 Creative Commons “No Copyright Reserved” license, and Your Contribution of some User Content also may constitute fair use. If You have any questions about the public domain, license, or fair use status of content, please consult with a qualified legal expert before contributing that content.
By Contributing User Content, You represent, warrant, and covenant that: (i) You own or otherwise have all necessary licenses, right, consents and permissions (including all permissions required under applicable privacy and intellectual property law) to Contribute the User Content, and to authorize Us, other Users, and applicable third parties to access and use such User Content in connection with the Service; and (ii) that such Contribution and use does not and will not infringe, misappropriate or violate any third party’s intellectual property, privacy, publicity or other legal rights or violate any applicable law or regulation. We do not endorse, support, represent or guarantee the appropriateness, validity, completeness, applicability, reliability or any other characteristic of any User Content Contributed to the Service.
You grant to Us, without restriction or limitation, a worldwide, non-exclusive, non-revocable, transferable, fully paid-up, perpetual right and license, with the right to sublicense, to use, copy, display, distribute, modify, create derivative works based on, sell, and otherwise exploit User Content for purposes in furtherance of Our mission, including but not limited to the rendering of the Service, making available the Data Dump and APIs as described below, and facilitating access to certain third party content and services.
Content made available via our Data Dump is subject to the license found on the Data Dump landing page. We also make available to third parties via Application Program Interfaces (“APIs”) certain data relating to the Service, including User Content (collectively, “Service Data”). Use of Service Data obtained via APIs is generally subject to Our API Terms of Use. We may enter into separate API agreements with selected business partners (“Preferred API Partners”), governing their use of Service Data and will disclose those partners to You at that time. We neither endorse nor control the services offered by Our Preferred API Partners, but We believe their services are complementary to Your use of the Service. You acknowledge that pursuant to the license set forth above, Discogs may share User Content with third parties via APIs, including but not limited to the Preferred API Partners. Your access to and use of any content and services provided by third parties through the APIs is governed by the Third Party Terms, below.
If We reasonably believe that any of Your content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties or Us, then We reserve the right to remove or restrict access to some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content and content that infringes someone else’s intellectual property rights.
THIRD PARTY TERMS
You understand that by using the Service, you may be exposed to content, including User Content, that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our users or others. You agree that we are not responsible for others’ (including other users’) content. We cannot always prevent misuse of the Service, and You agree that We are not responsible for any such misuse. For additional terms concerning content uploaded by users, please see the “User Content” section above.
You are responsible for deciding if you want to access or use third party sites or apps that link from our Service, including but not limited to any content or services made available via the APIs. Third party sites and apps have their own legal terms and privacy policies, and You may be giving others permission to use your information in ways we would not. The Service uses YouTube API Services to provide access to YouTube content. When using the YouTube player on Our Service, You are agreeing to be bound by the YouTube Terms of Service. BECAUSE WE HAVE NO CONTROL OVER SUCH WEBSITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE 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 THIRD PARTY WEBSITE OR RESOURCE.
PRIVACY POLICY
Your use of the Service is subject to Our Privacy Policy and Our Discogs App Privacy Policy, as applicable. Information about privacy and data protection can be found in those policies.
INDEMNITY
You agree to indemnify and hold Us, and Our 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 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.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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) WE MAKE 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 US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) WE DO NOT PROMOTE OR CONDONE ANY IDEAS OR MESSAGES CONTAINED IN THE USER-GENERATED CONTENT AVAILABLE THROUGH THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE 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.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PURSUANT TO WHICH YOU MAY BE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN A COURT OF LAW, PARTICIPATE IN A CLASS ACTION OR PUTATIVE CLASS ACTION LAWSUIT, OR HAVE DISPUTES HEARD BY A JURY, UNLESS YOU AFFIRMATIVELY OPT OUT. IF YOU DO NOT WISH TO AGREE TO THE ARBITRATION PROVISION, FOLLOW THE OPT-OUT PROCEDURES DESCRIBED IN SUBSECTION C BELOW.
A. AGREEMENT TO ARBITRATE
You and Discogs each agree that all claims, controversies, and/or disputes between You and Discogs, including those arising out of or relating to the Service and/or these TOS, including any privacy claims or data security claims, controversies, and/or disputes (each a “Dispute” and collectively the “Disputes”), will be resolved by BINDING ARBITRATION, provided, however, You and Discogs are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU AND DISCOGS ARE EACH AGREEING TO FORGO THE ABILITY TO PURSUE ANY AND ALL POTENTIAL OR ACTUAL DISPUTES IN A COURT OF LAW, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY OF YOUR PEERS DECIDE ANY SUCH DISPUTES.
You and Discogs each agree to only pursue Disputes on an individual, single plaintiff basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY USING THE SERVICE AND THEREBY AGREEING, YOU ACKNOWLEDGE THAT YOU AND DISCOGS ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTION OR PUTATIVE CLASS ACTION LAWSUITS, INCLUDING CONSOLIDATED ACTIONS, AND/OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR AS A MEMBER OF ANY ACTUAL OR PUTATIVE CLASS.
B. ARBITRATION PROCEDURE
To begin arbitration, You must send a letter requesting arbitration and describing Your Dispute to Discogs at Zink Media, LLC (d/b/a Discogs), Attn: Discogs Arbitration, 4145 SW Watson Avenue, Suite 350, Beaverton, Oregon, United States 97005 and arbitration [at] discogs.com. This letter must include Your name, residence address, email address, telephone number, and must describe the nature and basis of the Dispute or Disputes and the specific relief sought.
Unless You and Discogs otherwise agree, JAMS will arbitrate all Disputes and JAMS rules will apply, except to the extent the provisions of the JAMS rules are different from, conflict with, and/or are inconsistent with the terms of this Section, in which case the provisions of this Section will control and must be followed as written. Notwithstanding any JAMS rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, You and Discogs each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by JAMS pursuant to JAMS rules and procedures.
All arbitrations shall be resolved according to JAMS Arbitration Rules and Procedures, and for all other arbitrations the following procedure will apply:
(i) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by You or Discogs that an in-person hearing is appropriate;
(ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and
(iii) if the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.
You and Discogs each agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including but not limited to injunctive or declaratory relief and reasonable attorneys’ fees. You and Discogs are each responsible for Your own respective costs relating to the arbitration, except that Discogs will pay the arbitration administrative or filing fees, including the arbitrator fees.
A copy of the JAMS Arbitration Rules and Procedures is available at https://www.jamsadr.com/rules-comprehensive-arbitration/ and is incorporated herein by this reference as though fully set forth herein.
C. RIGHT TO OPT OUT
You may opt out of the agreement to arbitrate in this Section by sending Discogs written notice of Your election to opt out at Zink Media, LLC (d/b/a Discogs), Attn: Discogs Arbitration, 4145 SW Watson Avenue, Suite 350, Beaverton, Oregon, United States 97005 or arbitration [at] discogs.com within sixty (60) days of the date you first accepted these TOS. The written notice must expressly indicate that You are opting out of the agreement to arbitrate in this Section and including Your name and address. The election to opt-out of the agreement to arbitrate will not be effective until it is received by Discogs. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect Your rights and obligations under these terms.
Any action not required to be arbitrated in accordance with this Section shall be filed and litigated only in state and federal courts located in Multnomah County, Oregon, United States, and You hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the courts and consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. Any Dispute shall be governed by and construed in accordance with the laws of the State of Oregon without resort to its conflict of law provisions and regardless of where You access the Service.
D. SEVERABILITY
If any portion of this Section is found to be unenforceable for any reason, including but not limited to because it is found to be unconscionable, the unenforceable provision will be severed from the TOS and will have no impact whatsoever on the remainder of this Section. To the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.
EU DIGITAL SERVICES ACT STATEMENT
Per the EU Digital Services Act, if You reside in the European Union and disagree with Our decision regarding:
(a) the removal, access restriction, or visibility limitations of information on the Service;
(b) the suspension or termination of the Service provision to users, in whole or in part;
(c) the suspension or termination of users' accounts; or
(d) the suspension, termination, or other restrictions on users' ability to monetize via the Service,
You have the right to appeal within six months of receiving Our decision. To initiate your appeal, please contact Our complaint-handling system via Our Support Request Form, outlining the facts and Your reasons for revision. We carefully review appeals and correct decisions or actions taken when necessary. Following the review, We communicate the outcome to the affected user.
If You wish to dispute Our content moderation decisions mentioned above with third parties, including complaints not resolved through Our complaint-handling system, You can choose a certified out-of-court dispute settlement body to address these matters, once such third parties are appointed under the EU Digital Services Act. In such cases, You and We will engage in good faith with the selected certified out-of-court dispute settlement body to try to resolve the issue. In the meantime, We will work with You through JAMS. Additionally, You have the option of seeking judicial redress if desired, in accordance with the applicable law.
By agreeing to the TOS, You are explicitly agreeing to the above EU Digital Services Act statement.
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.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. We 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. You may notify Us via the Support Request Form.
ABOUT DISCOGS
The Service is owned and operated by Zink Media, LLC (d/b/a Discogs), an Oregon limited liability company with registration number 724027-88. Our mailing address is 4145 SW Watson Avenue, Suite 350, Beaverton, Oregon, United States 97005.
CONTACT INFORMATION AND ASSISTANCE
You can review Our Help Center for information about how to use the Service, but if You still need assistance with the Service or have a complaint, please contact us via Our Support Request Form.
You can contact sellers in the Marketplace through their seller profile pages. Simply click on the seller name in the Marketplace and the “Contact Seller” link on the seller profile page.
Our community-based Forum provides support from community members about various topics and assistance with using the Service. You need to be a registered user in order to contribute to the Forum.
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. In limited cases, You may be able to initiate actions in Your local jurisdictions, subject to the applicability of those laws to Our company and Service. Our failure 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.
The TOS has been drawn up in the English language. In case of discrepancies between the English text version of this TOS and any translation, the English version shall prevail.