Gbase.Com Terms of Usage
Gbase.com Dealer Service
Welcome to Gbase.com, the
service for music dealers to connect with potential buyers online operated by Rational Path, Inc. By accessing and/or using the Gbase.com Website (the
"Website") you agree to be bound by the Terms of this Service Agreement (this
"Agreement"), whether or not you register as a member ("Member"). If you wish to
become a Member and communicate with other Members and potential buyers and make
use of the Gbase.com service (the "Service"), you must indicate your acceptance
of this Agreement by following the Instructions in the Registration Process.
This Agreement sets out
the legally binding terms of your use of the Website and your membership. Such
terms may be modified by Gbase.com from time to time, which modifications will
become effective upon posting by Gbase.com of such modifications on the Website.
This Agreement includes and incorporates Gbase.com's Acceptable Use Policy for
Content Posted on the Website (See Paragraph 5 below), Gbase.com's Privacy
Policy, and any notices regarding or relating to the Website. You may also
receive a copy of this Agreement by emailing us at:
email@example.com, Subject: Dealer Service Agreement.
You must be eighteen years old or over to be a Member and registered dealer on
Gbase.com. Membership in the Service is void where prohibited. By using the
Website, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and that you agree to all of the terms and
conditions of this Agreement.
will remain in full force and effect while you use the Website and/or are a
Member. You may terminate your membership at any time, for any reason
upon receipt by Gbase.com of your written or email notice of termination.
Gbase.com may terminate your membership for any reason, effective upon sending
notice to you at the email address you provide in your application for
membership, or such other email address as you may later provide to Gbase.com.
Membership fees are nonrefundable. If terminated by Gbase.com without cause,
your membership will remain active until the end of the pre-paid subscription
term and will not be renewed. If Gbase.com terminates your membership in
the Service because you have breached the Agreement, your membership will be
immediately terminated and you will not be entitled to any refund of the unused
portion of your subscription fees. Upon termination of this Agreement for any
reason, sections 4-10 and 12-14 will survive and remain in effect.
Searching and contacting Members regarding inventory items on Gbase.com is free.
We do charge fees to list advertisements of items for sale through our Website.
When you sign up for a Membership you have an opportunity to review and accept
the fees that you will be charged. Our Subscription Program is available
and is incorporated into this Agreement by reference. We may change our
Subscription policy and the fees for our services from time to time. Our
changes to the policy are effective after we provide you with at least thirty
(30) days' notice of the changes by posting the changes on the Website. However,
we may choose to change the Subscription Policy and the fees for our services
for promotional events (for example, free promotional days) and such changes are
effective when we post the temporary promotional event on the Website. We may in
our sole discretion change some or all of our services at any time. In the event
we introduce a new service, the fees for that service are effective at
the launch of the service. Unless otherwise stated, all fees are quoted
In U.S. Dollars. You are responsible for paying all fees associated with using
our service and the Website and all applicable taxes.
Proprietary Rights in Content on Gbase.com-
Gbase.com owns and retains all proprietary rights in the Website and the
Service. The Website contains the copyrighted material, trademarks, and other
proprietary information of Gbase.com, and its licensors. Except for that
information which is in the public domain or for which you have been
given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
Acceptable Use Policy For Content Posted on the Site.
You understand and agree that Gbase.com may review and delete any
content, messages, photos or profiles (collectively, "Content") that in the sole
judgment or Gbase.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members, users and
By posting Content in any public area of Gbase.com, you automatically
grant, and you represent and warrant that you have the right to grant, to
Gbase.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such information and
Content and to prepare derivative works of, or incorporate into other works.
Such information and Content, and to grant and authorize sublicenses of the
The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. Gbase.com reserves the right to investigate and take
appropriate action (including legal action) in its sole discretion against
anyone who violates this provision, including without limitation, removing the
offending content from the Service and terminating their membership of such
violators. The decision of Gbase.com that such content, activities or conduct
is not permissible shall be conclusive. Content which is prohibited includes
offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
advocates harassment of another person;
transmission of "junk mail", "chain letters," or unsolicited mass mailing or
information that you know is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
illegal or unauthorized copy of another person's copyrighted work, such as, by
way of example, providing pirated computer programs or links to them, providing
Information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
material that exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18;
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
passwords or personal identifying information for commercial or unlawful
purposes from other users; and
You must use the Service in a manner consistent with any and all
applicable laws land regulations.
You may not transmit any chain letters or junk email to other Members.
Although Gbase.com cannot monitor the conduct of its Members off the Website, It
is also a violation of these rules to use any information obtained from the
Service in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising or
may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner or such proprietary rights.
are solely responsible for your interactions with other Gbase.com Members,
potential buyers and users. Rational Path, Inc. reserves the right,
but has no obligation, to monitor disputes between you and other Members.
Use of the
or made available to you. You agree to comply with this policy and under no
circumstance should you sell or make available Member information to any other
person or entity.
is not responsible for any incorrect or inaccurate Content posted on the Website
or in connection with the Service, whether caused by users of the Website,
Members or by any of the equipment or programming associated with or utilized in
the service. Gbase.com is not responsible for the conduct, whether online or
offline, of any user of the Website or Member, potential buyer or user of the
Service. Gbase.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user or Member communications. Gbase.com is not responsible for
any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including
injury or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials from the
Internet and/or in connection with the Service. Under no circumstances will
Gbase.com be responsible for any loss or damage, including personal injury or
death, resulting from anyone's use of the Website or the Service, any Content
posted on the Website or transmitted to Members, or any interactions between
users of the Website, whether online or offline. THE WEBSITE AND THE SERVICE
ARE PROVIDED "AS IS" AND GBASE.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY
NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. GBASE.COM CANNOT
GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE
AND/OR THE SERVICE. UNDER NO CIRCUMSTANCE WILL GBASE.COM BE RESPONSIBLE FOR ANY
PAYMENT DUE TO YOU BY ANY OTHER MEMBER.
Limitation on Liability.
Except in jurisdictions
where such provisions are restricted, in no event will Gbase.com be liable to
you or any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including without limitation, any lost profits
arising from your use of the Web site or the Service, even if Gbase.com has been
advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, Gbase.com's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Gbase.com for the Service during
the term of membership.
Software from this Website (the "Software") is further subject to United States
export controls. No Software may be downloaded from the Website or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has
embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
If there is
any dispute between you and/or Gbase.com, by using the Website, you agree that
the dispute will be governed by the laws of the State of New York without regard
to its conflict of law provisions. You agree to personal jurisdiction by; and
venue in the state and federal courts of the State of New York, Suffolk County.
agree to indemnify and hold Gbase.com, its subsidiaries, parent, affiliates,
officers, agents, and other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys? fees, made by any
third party due to or arising out of your use of the Service in violation of
this Agreement and/or arising from your breach of this Agreement and/or any
breach of your representations and warranties set forth above.
Agreement, accepted upon use of the Website and further affirmed by becoming a
Member of the Service, contains the entire agreement between you and Gbase.com
regarding the use of the website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
Please contact us
, with any questions regarding this agreement.
THIS WEBSITE, I REPRESENT THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED OR REFERRED TO ABOVE.