Welcome to musicMagpie.com. Please read these website Terms & Conditions carefully before using this website (the “Website” or “musicMagpie.com”) and the services and tools offered by Entertainment Magpie, Inc. (“musicMagpie”). These Website Terms & Conditions (the “Terms & Conditions”) govern your access to and use of the Website, musicMagpie products and services, and musicMagpie mobile applications (together, “musicMagpie Services”). musicMagpie’s Privacy Statement, and any Additional Terms (as defined below) are incorporated in the Terms & Conditions by reference.
By accessing the Website, using musicMagpie Services, becoming a registered user of musicMagpie.com and/or creating a transaction with musicMagpie, you agree to these Terms & Conditions, as well as any additional terms that govern certain musicMagpie Services which will be presented to you or referenced in conjunction with such services (“Additional Terms”). If you do not agree to be bound by these Terms & Conditions, please do not use the Website or any musicMagpie Services.
musicMagpie Services are for the use of United States Residents who are 18 years of age or older only. When using musicMagpie Services, you agree that:
You are the legal owner or have permission of the owner to sell the items you are attempting to sell through musicMagpie;
You are at least 18 years of age;
You will not violate any laws, third party rights or our Terms & Conditions or other policies;
The information you provide will be truthful and accurate;
You will not impersonate any individual or provide false registration information;
You will not transfer your account or user ID to another party without musicMagpie’s consent;
You will open and use no more than one account with musicMagpie (multiple accounts are not permitted);
You are responsible for maintaining the confidentiality of your account information including your password; and
You will not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content from musicMagpie Services, except as explicitly permitted by these Terms & Conditions (see the section below titled "License" for more detail).
We may transfer, assign, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract at our discretion.
You may not transfer, assign, or in any way dispose of this contract or any of your rights or obligations arising under it, without our express written prior consent, which may be electronically communicated by way of email.
musicMagpie reserves the absolute right to close your account, terminate this agreement, and cease doing business with you at its sole discretion and for any reason it determines.
All content on the Website or available through musicMagpie Services (including without limitation trademarks; service marks; copyrights; website layout, organization, and design; graphics; and software) is owned or licensed by musicMagpie or third parties and is protected by intellectual property laws including those of the United States and international copyright laws. Your use of this Website and any other musicMagpie Services is subject to a limited, non-exclusive, non-transferable, non-sublicensable license to access and use musicMagpie Services and the content available through such services solely for your personal use in connection with non-commercial activities. (Please see the section below titled "Commercial Use of musicMagpie Services" regarding commercial use.) All rights not expressly granted herein are reserved to musicMagpie.
Except as explicitly permitted by these Terms & Conditions, you may not copy, modify, create derivative works of, distribute, publicly perform or display, or otherwise exploit any content from any musicMagpie Services, in whole or in part, without our prior written consent (or the consent of the author of that content, if applicable) in each case, which may be granted or withheld in our or such author’s sole discretion.
A transaction is completed when you agree to submit your items to us. You will be presented with a "thank you for completing your order web page/screen" at the point you have completed a transaction. We will provide a unique "Order Number" upon completion of each transaction. Please retain this Order Number for your records. You will need your Order Number for shipping and to track your transaction. Subsequently you will receive a "thank you for completing your order" email from us to act as a secondary method of confirmation that you have completed a transaction.
Once we have received your items, checked them and dispatched payment for them to you, then ownership of the items passes immediately and irrevocably to us. In addition, once you have received your payment from musicMagpie, we may send you a user survey to complete.
When selling your items, payment is made based on the value offered by musicMagpie at the time of the transaction only and is subject to your items passing our quality checks (during our Quality Assessment process). (Please see the section below titled "Selling Your Stuff – Quality Assessment.")
musicMagpie’s valuations for products are the express property of musicMagpie and the data for such valuations remains in their entirety vested in musicMagpie. You agree, confirm and warrant that by valuing items on musicMagpie’s websites (including musicMagpie.com) or mobile applications or through other musicMagpie Services, you are a member of the general public and NOT a business, organization, cooperative, trader or any other commercial user.
You expressly understand, accept and agree that musicMagpie’s valuation or offer prices for products shall not be used by you on any other website(s)/mobile application(s) or on price comparison websites/services. You further agree that you will use musicMagpie’s valuation services only to value (e.g., derive offer prices for) items that you actually own, or have the permission of the owner to sell, and are considering selling to musicMagpie. No other uses of musicMagpie’s valuation services are permitted.
For DVDs, CDs, Blu-Rays and Games, the prices offered to you by us are valid for six (6) months from the date that such prices are offered to you and you complete a valid transaction with us. You understand, accept and agree that we may revalue your items if we do not process your items at our warehouse within the six-month period during which the offer price is valid. In the event that we do have to revalue your items, you hereby understand and agree to the new offer price(s) issued by musicMagpie during the revaluation ("New Offer Price"), as determined by us at our sole discretion, and you accept and acknowledge that we will process your items and our payment to you in accordance with the New Offer Price only. We may attempt to contact you via email in the event that this happens.
musicMagpie.com and musicMagpie Services are NOT intended for, nor have they been developed for, use by businesses, organizations, cooperatives, traders or any other commercial users who wish to sell single or multiple copies of the same DVD, CD, Blu-Ray, Game or other media product(s).
All businesses, charities, schools or other commercial users should contact musicMagpie's support team for alternative sales programs by emailing support@musicMagpie.com.
Any use of musicMagpie Services by businesses, organizations, cooperatives, traders, or other commercial users that are not authorized in writing by musicMagpie ("Unauthorized Entity") may result in the Unauthorized Entity’s user registration(s) or account(s) being blocked or suspended by musicMagpie. IN ADDITION, YOU AGREE THAT ANY GOODS SENT TO MUSICMAGPIE WILL NOT BE RETURNED AND YOU AGREE THAT MUSICMAGPIE MAY DISPOSE OF THESE GOODS AT NO CHARGE TO MUSICMAGPIE AND WITHOUT ANY FURTHER LIABILITY OF ANY KIND, TO YOU OR ANY THIRD PARTY.
musicMagpie will automatically reject transactions which contain multiple items of the same DVD, CD, Blu-Ray and/or Game title and may reject repeat transactions that contain the same DVD, CD, Blu-Ray and/or Game titles/items that have been traded previously by a user. YOU AGREE THAT THESE DVD, CD, BLU-RAY AND/OR GAME ITEMS WILL NOT BE PAID FOR OR RETURNED BY MUSICMAGPIE AND WILL BE RECYCLED OR DISPOSED OF BY MUSICMAGPIE.
You understand, accept and agree that musicMagpie will ONLY honor valuations that it generates and provides. No other valuations by another method or source (e.g., including but not limited to, any other person, organization, entity, system or website) will be accepted or honored by musicMagpie. musicMagpie’s valuation of an item is its "Offer Price" and such "Offer Prices" are final (for the duration stated herein), in musicMagpie’s sole discretion.
When selling your items to us, you do so under these Terms & Conditions only. The information that you provide to us about your items may affect the price offered for these items. Please ensure that you accurately provide information relating to the items that you want to sell. For example, for a DVD, CD or Game, when you enter the barcode number into our system to get a valuation or Offer Price, if you do not enter the correct barcode number you will receive a different Offer Price because it will be for a different item and not the one you want to sell.
For items that fail the Quality Assessment Process (see section below titled "Selling Your Stuff – Quality Assessment") or that have not been included in your relevant online transaction (e.g., they have not been valued using musicMagpie’s online valuation engine and made a part of the sale you have submitted and agreed to), SUCH ITEMS CANNOT BE RETURNED UNDER ANY CIRCUMSTANCES AND WILL BE DISPOSED OF BY MUSICMAGPIE.
Upon inspection of your items, if we find any item(s) that we believe to be counterfeit, fake, imitation, an illegal copy or a non-original product we will dispose of them in our sole discretion. Any such determination by musicMagpie is final and musicMagpie will not respond to further inquiries regarding the authenticity of such items including but not limited to whether such items are counterfeit, fake, or otherwise imitation items. All such counterfeit, fake, imitation items or illegal copies will not be paid for or returned by musicMagpie and we may report such incidents to the relevant authorities. By agreeing to these Terms & Conditions, you expressly warrant that the products you sell to us are wholly original and genuine and not counterfeit, imitation or fake, and that your sale of such items to us does not violate any laws.
For items that you send to us, but have not been valued previously by us, or where the valuation process has occurred but we have not actually offered an Offer Price; and/or they do not appear in a valid musicMagpie order/transaction item list, you understand, accept and agree that we will not pay you for these items and are unable to return them, but will dispose of them responsibly.
You accept and agree that when creating a single order with musicMagpie, you cannot sell multiples of the same product(s) and that you will not attempt to create multiple orders in order to sell multiples of the same product(s) to us without our express permission. The order minimum and maximum item limits and/or requirements are posted on our Website(s) or mobile application(s) and form part of these Terms & Conditions.
All DVDs, CDs, Blu-Rays and Games sold to us are checked by our quality control team during our quality assessment process. musicMagpie will not make payment for, or return to the sender/seller/user any DVDs, CDs, Blu-Rays or Games if one or more of the following conditions exist:
If ANY of the original disks from the original item are missing;
If the disk in the case does not match the cover and/or sleeve notes;
If some, or any, of the cover and/or sleeve notes are missing;
If the cover and/or sleeve notes OR the disk are irretrievably damaged and cannot be refurbished (e.g., the disk is cracked or very badly scratched or the cover and / or sleeve notes are water damaged, ripped or torn);
If the cover, the disc artwork and/or the sleeve notes are defaced in any way;
If musicMagpie suspects the product is non-original, counterfeit, fake, or illegal in any way. Please note, this matter is taken very seriously and musicMagpie reserves the right to take further action as appropriate regarding non-original copies, counterfeits, or illegal copies. Please see the section above titled "Selling Your Stuff – General Conditions" for more information;
If when quality assessed by our team we find that the CD you have sent to us and/or valued on our site, is in fact not a CD album but a CD single we reserve the right to fail that item and under our Terms and Conditions deal with that item as we do with all items that fail quality assessment.
If the barcode you entered is NOT identical to the barcode on the item you send to us and/or if the barcode is not evident on the cover, disc artwork and/or sleeve notes of the item received;
If no barcode is present;
If any Game does not have all the original instruction booklets in addition to the original artwork; or
If any Game is sent to us in a format that we do not accept, as described below.
Where DVDs, CDs, Blu-Rays and Games are rejected for any of the above reasons, musicMagpie’s decision is final. musicMagpie will inform users if one or more of their items have failed quality control via email updates and/or through their musicMagpie online account.
We only accept Games on the following formats: Playstation 2, Playstation 3, Xbox, Xbox 360, Nintendo Wii, Nintendo DS, Nintendo 3DS, PSP and PS Vita. Games in these formats will be accepted by title based on the valuation or Offer Price provided. Accepted formats may change without notice, so please check these Terms & Conditions prior to creating a transaction with us. For clarity, we DO NOT accept PC Games.
musicMagpie offers customers a number of ways to send your items to us for FREE using:
Our FREE Shipping Service, subject to these Terms & Conditions, which is available to customers who sell 10 or more items, to a maximum of 500 items per order. For FREE Shipping Service Terms & Conditions, please click here.
You understand, accept and agree to ONLY use musicMagpie’s FREE Shipping Service for items that you are selling to musicMagpie. Any other use of these services is forbidden and should you use or attempt to use our FREE Shipping Service for items other than those which you are selling to musicMagpie you may be charged for use of this service based on the costs (administrative and/or actual shipping costs) as determined in musicMagpie’s sole discretion.
To ensure payment is made quickly, users are advised to send their items in as few parcels as possible. All parcels must be secured properly and appropriate packaging should be used. Each parcel should include only the items valued by musicMagpie for a designated order, or the shipping costs may not be adequately covered.
You must ensure when sending your items to us that you attach the correct label(s) to each package. The label required for each package is provided to you both in your Welcome Pack and on our Website. You need a unique label for each parcel that you send to us and these can be downloaded from our Website in the My Account section. You must follow the packaging instructions you are provided in your packaging guide. You must affix a valid label to each and every package/parcel that you wish to send to us using our FREE Shipping Service.
Please note that when selling your items to musicMagpie and using our FREE Shipping Service, the maximum insured value in US Dollars per parcel is $100 and that no other insurance for items is provided or accepted.
For clarity, you accept and agree that musicMagpie may, at any time and its sole discretion, alter Free Shipping Service Terms & Conditions and shipping options it offers to you for the items you wish to sell.
musicMagpie payments are made by check made payable to you in the payee name you provide to us when you register for musicMagpie services.
It is your responsibility to ensure that the Payment Details (including but not limited to payee name and address) are correct and accurate. You may update Payment Details in the My Account section of the Website and it is your responsibility to do so. We may prompt you either via our Website, mobile applications or via electronic mail or post from time to time to ask you to make sure that the Payment Details you have provided are correct and accurate. Such communications or prompts of this type from us to you do not mean that we assume any responsibility whatsoever for the validity of the details that you provide to us and it remains your sole responsibility to ensure that the Payment Details you have provided are correct, complete and accurate. We will not be liable if you fail to receive a payment or suffer any loss (including but not limited to, if a payment is sent to an incorrect account or recipient) as a result of any failure by you to correctly, completely and accurately provide Payment Details. You understand, agree and accept that your receipt of payment from musicMagpie may depend on third parties (who we cannot and do not control) to process and/or ship these payments and we will not be liable for delay in receipt of payment as a result of the actions or inactions of such third parties. Payments may be subject to validation and security checks that we or third parties may require at our/their discretion from time to time.
It is your responsibility to ensure that the registered name and address in your musicMagpie Account is entered correctly and accurately. If your bank refuses to clear a check due to an error in the name or address details you have provided to us, musicMagpie reserves the right to charge you an administrative fee in the form of a deduction from our payment to you, or a request for payment from you, for the reissue of payments. It is at the sole discretion of musicMagpie how reissue payments are made. Such administrative fee(s) may be applied by musicMagpie each time you provide incorrect details for a reissue payment, and musicMagpie may, in its sole discretion, apply such charges in the form of a deduction or a payment from you.
The following is offered as an estimate only of the time that the transaction may take to complete and the time it may take for you to receive payment. musicMagpie is not responsible for any delays under any circumstances.
It may take 7-10 days for your items to reach us using our Free Shipping Service.
We will then check your items against your order and ALL of your items will go through our Quality Assessment Process as quickly as possible. This may take 7 days to complete.
Once all your items have passed Quality Assessment and your order is completed, payments will be processed as follows:
In most cases, checks are dispatched via U.S. Mail within 3 days of the completion of the Quality Assessment Process. As your check is sent via mail it may take up to 10 working days to reach you depending on your location in the U.S. We will post your check to the address you entered into our website on registration. musicMagpie takes no responsibility for delays in receipt of payment due either to the postal service or incorrect/insufficient address details being entered onto the system by you.
Please note that we will regularly communicate with you by email regarding the progress and status of each order or users may log onto their account and look into the order history for updates.
If you believe that any material posted on our Website infringes a copyright you own or control, then you may request the removal of those materials from our Website in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below. A notice of infringing material ("Notice") must be sent to the agent we have designated with the Copyright Office:
Entertainment Magpie, Inc.
1039 Northpoint Pkwy, Suite E
Acworth, GA 30102.
Phone: (678) 766-1762
To be effective, the Notice must be in writing and must include the following:
(i) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to be infringed on the Site, then provide a representative list of such works.
(ii) Identification of the material on the Website that you claim infringes on the copyrighted work(s) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material.
(iii) Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.
(iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
(v) A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(vi) A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner.
Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MUSICMAGPIE SERVICES IS AT YOUR OWN RISK, AND THAT ALL MUSICMAGPIE SERVICES AND ALL INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MUSICMAGPIE SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MUSICMAGPIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MUSICMAGPIE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF ANY MUSICMAGPIE SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MUSICMAGPIE SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUSICMAGPIE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE VALUATION OR OFFER PRICE OF THE ITEMS YOU HAVE OFFERED TO SELL TO MUSICMAGPIE, BUT IN NO CASE WILL MUSICMAGPIE’S LIABILITY TO YOU EXCEED $100.
ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. MUSICMAGPIE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY SERVICES, AND SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, release and hold harmless musicMagpie, its officers, directors, employees and agents from and against any and all claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) made by any third party due to or arising out of (i) your use of the Website or any musicMagpie Services or access by others to your account, (ii) your breach of these Terms & Conditions, and/or (iii) your violation of any law or the rights of a third party.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and any musicMagpie Services. You represent and warrant that you have the legal right to sell all items you submit to musicMagpie, that the items are not counterfeit or stolen or in any way illegal, and that your submission of them complies fully with these Terms & Conditions. You further represent and warrant that prior to selling any DVDs, CDs, Blu-Rays and/or Games that you have not "ripped," digitally copied or made any type of illegal copy of the entertainment item(s) that you are selling, or, if you have previously copied the item or parts therefrom, that any such copies have been permanently deleted from your hard drive or other storage device(s) prior to selling the item(s) to us. In addition, you agree that you are solely responsible for paying any and all taxes applicable to any sales of items through the musicMagpie Services.
musicMagpie reserves the right to amend these Terms & Conditions at any time by posting the amended terms on musicMagpie.com. You should check this Website and these Terms & Conditions periodically for amendments. All amended terms shall automatically be effective 30 days after they are initially posted.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles. You agree to bring any claims arising out of, relating to or concerning these Terms & Conditions exclusively in state or federal courts within the State of Georgia, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
These Terms & Conditions set forth the entire understanding and agreement between you and musicMagpie with respect to your use of any musicMagpie Services. If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by us. The failure to strictly enforce the performance of any provision of these Terms & Conditions shall not be deemed a waiver of musicMagpie’s rights under such provision. Nothing in the Terms and Conditions shall be deemed to confer any third-party rights or benefits or to establish any third party beneficiary relationship. musicMagpie shall not be liable for failure or delay in fulfilling its obligations due to any causes beyond its control, including without limitation, acts of God, transportation difficulties, labor disputes, riots, war, fire, explosion and epidemics.