ANTIQUE PHONOGRAPH SOCIETY FORUM
TERMS AND CONDITIONS OF USE
Use of this website (“website” or “Forum”) is a privilege extended by the Antique Phonograph Society (“APS” or the “Society”) and it may be revoked at any time, with or without cause or notice. Usage is not a right; it is not a right appurtenant to membership in the Antique Phonograph Society. By accessing this website you are agreeing to be bound by these website Terms and Conditions of Use (“the Terms”) and all applicable laws and regulations. If you do not agree with any of the Terms, you are prohibited from using or accessing this website.
2. Use License
a. Grant of Temporary Revocable License
A revocable “License” is hereby granted to access and post thoughts, expressed in words, images, and similar means, on the website that are relevant to the purposes of the Antique Phonograph Society (“the Society”, or “APS”), solely in compliance with the Terms, as the Terms are modified from time to time by the Society, determined in its sole discretion, with or without notice direct or individual notice to the user. The Society will make such determinations through its Administrators and Moderators, under authority provided by its Board of Directors. Your use shall be for personal, non-commercial transitory viewing and commentary only. This is a temporary revocable license, not a transfer of title.
b. Posting and Viewing
Participants are encouraged to post and read items that are in furtherance of the Society’s mission. The Society’s mission is:
to conduct research with respect to the preservation of phonographs and related machines, devices and apparatus that create and reproduce recorded sound ("Antique Phonographs"), and the recorded sounds themselves, including records, cylinders, discs and other media ("Records"), and methods and practices concerning all of the foregoing, and to provide scholarly information, services and entertainment to persons interested in collecting and preserving Antique Phonographs and Records; to encourage the public to become interested in and participate in museum-quality preservation and authentic restoration standards when restoring Antique Phonographs and Records; to educate the public regarding the value and care of Antique Phonographs and Records so that future generations may learn and enjoy this early form of recorded sound and to disseminate knowledge and information concerning the same.
APS does not own and disclaims any ownership of and/or copyright in the words, photographs and/or other materials contained in any posting; each participant posting on the Forum grants APS a non-exclusive license to publish use and re-use any posting so made, and consents to APS’ rights and reservations set forth in the Terms, including but not limited to the right to modify and/or delete posts, suspend use and terminate the License.
Each participant takes responsibility and assumes full liability for his/her postings and indemnifies and holds harmless APS (and the APS Parties, hereinafter defined), and, in connection with the same, shall provide to APS at the participant’s sole cost and expense legal defense with counsel approved by APS. The foregoing shall in no way limit APS’s rights and reservations set forth in the Terms, including but not limited to the right to modify and/or delete posts, suspend use and terminate the License.
Rules of Etiquette:
- Posters should strive to post clear, concise and accurate thoughts. Posting items or descriptions known to be inaccurate (without clearly identifying the material or description as such) does not further the mission of the Society. Intentionally misleading or omitting significant facts does not further the mission of the Society. APS may, in its discretion, through its Moderators, clarify, modify or delete any post that does not further the mission of the Society.
- Please respect your fellow participants. If someone asks a question or make a post you consider to be a ‘beginner’ post, don't attack or belittle the person for it. Rather, offer assistance and take the opportunity to help out a new collector. Remember, a main purpose of this Forum and its host, the Antique Phonograph Society, is to disseminate accurate information, encourage education and support all with interest in antique phonographs, gramophones, records, including collectors and students of the same.
- Private messages (“PM”) are just that, private. If you receive a private message, do not publicly repeat it without the permission of the person who sent it to you.
- If you have a personal grievance with someone, confine your arguments elsewhere and not on this Forum. Personal attacks on other Forum members will not be tolerated under any circumstance.
- Don't post just to post. Postcount has absolutely zero relevance on this Forum. Only the quality, and not the quantity, of your posts can make you or break you in this community.
- Do not post someone's personal address, phone number or other personal information without his or her consent. This applies to everyone. If you wish to post personal information as part of a fraudulent activity warning, please contact a Moderator.
- Please do not abuse the 'quote' function when replying to posts unless it is necessary to clarify the point being made. When answering a post that is directly above your post, there is generally no reason to quote the previous post unless it is to include a specific clip. Where a 'quote' is required to accentuate or clarify something regarding your response, please edit out all that is not required. This will keep the thread clean to read and save on disk space. Avoid 'double-posting' as well - that is making a post in a thread, and then making another post right beneath your prior post. Just use that fancy 'edit' button and add in your next idea.
- Moderators and Administrators.
- All posts are subject to clarification, modification or comment by our Moderators. Some of our Moderators may be knowledgeable in specific areas, however their opinions should not be relied upon – they are not authenticators, appraisers, restoration experts, conservation experts or historical experts, and their thoughts shall not be represented as expert; no warranties are provided.
- If you have any comments, suggestions or questions, feel free to PM any Moderator. Moderators can be viewed from clicking the “Staff” link under the “Browse” tab, or by visiting the following URL: http://forum.antiquephono.org/staff/
- If you see something offensive posted on the Forum, click the 'Report post’ link at the upper right of the post. Please don't abuse this feature and use it to drag a Moderator into any personal dispute you may have.
- Moderators have the privilege of locking threads, deleting posts and threads, giving members the status of "WARNED", suspending participant usage, terminating the License, and/or taking such other action deem appropriate in their discretion. Moderators also endeavor to keep the Forum consistent with the purpose of the Society, and uncluttered.
- The Moderators reserve the right and have the power, exercised from time to time, to modify the Terms, and to create additional rules and guidelines, without individual or direct notice.
c. Prohibited Uses:
- Discussions, posts, images and/or announcements not relevant to the purpose of this Forum are prohibited.
- Remarks or discussions of religion, politics, racism or of a sexual nature are prohibited, [except, in the discretion of the Moderator, solely in a historical context relating to the period 1878 – 1930]. Subject to the above exception, links to such sites or material are expressly forbidden.
- Antique Phonograph Society has a ZERO TOLERANCE POLICY ON HARASSMENT, particularly for inappropriate and unwanted sexual harassment. The safety and security of our Forum participants is our first concern and victimization and/or harassment will not be tolerated within the Forum environment any more than it would be outside of it. If you encounter such behavior, or anything else that makes you feel uneasy, please report it to any Moderator via PM.
- Duplicate accounts are prohibited. If you want to post something that you don't want to post with your main posting name on it, don't post it at all. Forum Administrators and/or Moderators have the ability to detect duplicate user accounts. If two or more accounts belonging to the same user are discovered, all of them may be subject to deletion and the License terminated.
- APS does not permit advertising of other websites or business interests, fund raising, or recruiting for other internet forums. In the discretion of the Moderators, exceptions are made for commercial announcements and referrals (subject to size limitations), and other matters; exceptions that are made are on a one-time non-precedent setting basis and may be modified or withdrawn at any time with or without notice. Please contact a Moderator for further information.
- Except for Moderators or Administrators, no participant shall modify the post of another person.
- Any action to copy, transfer, decompile or reverse engineer any programming software contained on this website is prohibited; all such programming software is owned and copyrighted by APS, or is licensed from third parties for use by APS.
At the discretion of the Society, any enforcement action it deems appropriate may be taken. Such actions may include, but are not limited to: modification of posts, deletion of posts, warning, suspension of use, and/or termination of the License. This License may be terminated by the Society at any time, with or without cause, and with or without notice. Nothing herein shall prohibit the Society from contacting or reporting matters to law enforcement, ISP providers or others. No action of enforcement shall limit or diminish the participant’s obligation to indemnify and hold harmless APS (and the APS Parties) and to provide to APS at the participant’s sole cost and expense legal defense with counsel approved by APS.
3. Additional Terms and Conditions Relating to Classified Ads
By using the Antique Phonograph Society classified system portion of this website you agree to the following additional terms and conditions. The Additional Terms and Conditions herein do not replace, and merely supplement the entire terms and conditions set forth in the Terms.
a. The APS classified system is run as a free service for the phonograph and record collecting community and the Society does not and cannot take responsibility for the any items offered or wanted herein, including but not limited to whether such item exists, who owns it, who has the power or right to offer it for sale or make an offer to purchase, the authenticity or condition of an such item, its functionality and/or its physical location. Any proposed or actual transaction is solely between the parties thereto, and APS is neither a party thereto nor has an interest in the same. As a precaution, one should satisfy themselves as to all matters of concern before making payment, delivering or shipping items or providing personal information. This includes but is not limited to risks associated with dealing with foreign nationals, underage persons, or persons acting under false pretense. Know your trading partner! Practice SAFE Trading!
b. Sellers are free to establish any lawful terms or methods when they post an item for sale, provided they comply with any applicable licensing, import and export, tax and other laws, including the terms by which an offering shall be accepted. Participants are free to establish any lawful terms in any acceptance, offer or counter-offer, provided they comply with any licensing, import and export, tax and other laws. Participants are cautioned to review any applicable sales use, excise, import and export, and tax responsibilities, filings and liabilities. All participants acknowledge that APS has no responsibility for, and does not review any proposed offering or acceptance terms, and has no responsibility to and does not advise, review any person regarding legal requirements, including but not limited to licensing, import and export, and tax matters.
c. APS does not vet, review, validate or endorse any items posted on the classified system. APS does not vet, review, validate or endorse any participant on the classified system. Classified system participants may or may not be known to the Moderators or Administrators. Participants are responsible to complete any and all vetting, reviews and validations they may desire, without reliance on APS or anything that may be said or posted on the website. Participants acknowledge that APS has no responsibility for or any duty in connection with the content or the context of the listings, transactions or communications pertaining thereto.
d. Sellers assume all risk and liability arising from their offer for sale or actual sale of any item. Buyers assume all risk and liability arising from their offer to purchase or actual purchase of any item. Participants other than buyers and sellers assume all risk associated with such participation. By using this system, you agree to assume all risk and liability resulting from its use, and hereby release APS from all liability in connection therewith. APS makes no and disclaims any warranties expressed or implied as to goods or services listed on the classified system
e. Participants represent that they are of legal age with the ability to enter into binding
f. The sale, offering for sale, purchase or offering for purchase of illegal items, including any counterfeit goods or stolen goods is expressly prohibited. Fraud or other criminal activity, and civil violation of fair trade and anti-trust laws is strictly prohibited.
4. General Terms and Conditions applicable to Use of this Website
The materials on this website are provided “as is”. APS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, APS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
APS is not responsible for damage or loss caused by errors in communication systems, including but not limited to the Internet. The system may be unavailable unexpectedly as a result of errors or circumstances.
b. Limitation and Release of Liability
APS, its officers, directors, and/or agents, including the Moderators and Administrators of this Forum (collectively the “APS Parties”) shall not be liable for any damages or losses, including special or consequential damages that result from participation in or exclusion from this Forum, and/or the use of, or the inability to use, the materials herein. In no event shall APS and/or the APS Parties be liable for damages for loss of data or profit, or due to business interruption. In no event shall APS and/or the APS Parties be liable for lost profits or lost business opportunity. The foregoing shall apply even if APS and/or the APS Parties have been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, some of these limitations may not apply to you. Subject to applicable law where no limitation can apply, each participant agrees that the total liability of APS (and the APS Parties) to such participant for any and all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence), including special and consequential damages, or otherwise, shall not exceed One Hundred Dollars ($100.00).
c. Revisions and Errata
The materials appearing on this website could include technical, typographical, or photographic errors. APS does not represent or warrant that any of the materials on this website are accurate, complete, or current. APS may make changes to the materials contained on its website at any time without notice. APS does not, however, make any commitment to update the materials.
APS has not reviewed any of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by APS of any such linked site. Use of any such linked website is at the user’s own risk.
APS may revise these terms and conditions of use for this website at any time without notice. By using this website you are agreeing to be bound by the then current version of the Terms.
f. Governing Law
Any claim relating to this website shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Venue shall solely be in King County, Washington.
g. Attorney’s Fees
In any action concerning this website and/or the matters herein, APS and/or the APS Parties, each litigant shall pay its own attorney’s fees and costs, regardless of the outcome of such action.