Terms of Use (for Sellers)

Exclusivity and success:

You understand any listings with Discark are considered non-exclusive and you obtain all rights that you already possess. You understand that using Discark is an optional service available to you to help market and promote your items. You agree that Discark makes no representations in regards to the quantity of items you may distribute through Discark. You agree that Discark has the right to refuse any advertising, content, or product that Discark deems offensive in any way, in the sole discretion of Discark.

Income:

You understand that you are not and employee of Discark or itís affiliates, and that all income earned from Discark is considered payment from an item sold via consignment. You agree and hold responsibility for the reporting of any income and payment of any subsequent taxes to any state or federal agencies that require you to do so by law. You agree to complete a federal W9 form and submit with your item listings, and understand in the event you earn more than $600.00 in a calendar year you will receive a form 1099 stating the income you received from Discark

Legal and Intellectual property:

When you sell and item on Discark, it is considered a posting, listing, and advertisement of intellectual property that you claim you own or have obtained permission to use.

You can only sell items you possess the right to advertise and sell. You cannot advertise or sell the intellectual property of others that you have not received permission to do so, and it is your full legal obligation to respect and uphold any intellectual property laws.

You agree that it is your full responsibility to seek out your own legal council to understand your own rights and those of others, in regards to law regarding intellectual property.

You understand that you are responsible for the payment of any royalties that are due to those that you have used their intellectual property, in the regards to the product that you listed on Discark.

In the event of an infringement claim, or any other claim, whether it be against you, Discark, or both, you understand that the burden of proof, proof of ownership, and proof of permission is fully your responsibility, and you will hold harmless and indemnify Discark from any responsibility of any claim that arises due to your advertising, posting and listing of items for sale on Diskark.com.

As a seller of items on Discark, you understand that you obtain all rights to all intellectual property that you use when you post an item for sale on Discark, including all contents of the item to be sold. In regards to rights owned by, with, or shared with other parties, you agree, state and claim that you possess full permission to use and post such items or intellectual property on Discark for sale.

In the event of any arbitration, lawsuit or other complaint to Discark, you agree to hold harmless and to indemnify Discark of any responsibilities, costs, and defense costs to any claims of content misuse or infringement caused by you posting such content on the Discark site. You agree and understand that if a complaint arises about an item or content you posted, you will accept full responsibility for such claim. You agree to pay or reimburse Discark any expenses it may incur in the event of any costs to defend any claims or legal action brought to Discark.


In addition to the above terms of use, you must also agree to our standard terms below.

Privacy

Please review our Privacy Notice, which also governs your visit to Discark and purchases you may make.

Electronic Communications

When you visit Discark, send emails to us or receive emails from us, your communicating with is considered being conducted as electronically. You agree and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via internal programming, whether it be automatically generated notices or personal correspondence electronically from a representative of Discark.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be required otherwise in writing.

Copyright and Intellectual Property

All content included on this site, in correspondences, or advertisements such as text, images, audio clips, digital downloads, graphics, logos, button icons, data compilations, and software, is the property of Discark or its content suppliers and protected by all United States and international copyright laws. The compilation of all content on this site is the exclusive property of Discark and protected by U.S. and international copyright laws. All programming and software used on this site is the property of Discark or its software suppliers and protected by United States and international copyright laws.

Trademarks

Discark, Discark, and On Demand Disc Archive is considered a trademark of American Duplication Supply, Inc. All other trademarks not owned by Discark or its affiliates that appear on this site are the property of their respective owners. The owners may or may not be affiliated with, connected to, or sponsored by Discark or its affiliates.

License and Site Access

Discark grants you a limited license to access and make personal use of this site for the purpose of shopping and purchasing the products advertised, listed and posted On Discark. You must obtain written permission to use any Discark logo, other proprietary graphic, or trademark.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Discark does not intend to sell products to children without parental authorization, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Discark only with involvement of a parent or guardian. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Discark and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Discark reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Discark and its affiliates a non exclusive, perpetual, irrevocable, royalty-free, and fully sub-licensable and re-assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Discark and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate and within your right of free speech; that use of the content you supply does not violate this policy and will not cause injury or libel to any person or entity; and that you will indemnify Discark or its affiliates for all claims resulting from content you supply. Discark has the right, but not the obligation to monitor and edit or remove any activity or content. Discark takes no responsibility and assumes no liability for any content posted by you or any third party.v

Copyright Complaints

Discark and its affiliates respect all laws and rights in regards to intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Risk of Loss

All items purchased from Discark are shipped through known common carriers. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Discark and its affiliates attempt to be as accurate as possible, and we encourage our disc sellers to clearly describe and explain their release for you. However, Discark does not warrant that product descriptions or other content of this site is accurate, reliable, current, complete, or without error. If a product offered by Discark itself is not as described, you may return it if in unused condition.

Pricing

All prices are set by the sellers of the discs as posted on Discark. They reserve the right to change pricing as needed. However, once you have placed an order at an advertised price, that is the price you will pay. If an item becomes out of stock or back ordered during a price increase or decrease, you may pay the difference or cancel that item and request a refund.

Whether or not the term shipping and handling or shipping and processing is used, Discark reserves the right to mark up shipping costs it incurs to ship your order. The shipping fee charged on your order may or may not cover the costs of shipping, packaging supplies, storage and labor. It may or may not include a profit. Discark reserves the right to modify it shipping and processing fees as needed.

Other Businesses

Companies and parties other than Discark and its affiliates and subsidiaries may operate stores, provide services, or sell product lines on this site. We may even provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Discark does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

Discark contains items, products and releases that are listed by individual sellers, whether they may be individuals or companies. Discark charges a fee to these sellers as a posting charge. Discark is merely offering an advertising, distribution, fulfillment service, and in some instances a manufacturing service to our sellers. We do not endorse or favor any product over the other, unless clearly stated by Discark.

the Discark site is provided and represented on an "as is" and "as available" basis. Discark makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Discark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Discark does not warrant that this site, its servers, or e-mail sent from Discark are free of viruses or other harmful components. Discark will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting Discark, you agree that the laws of the state of New Hampshire, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Discark or its affiliates.

Disputes

Any dispute relating in any way to your visit to Discark or to products you purchase through Discark shall be submitted to confidential arbitration in Salem, NH, except that, to the extent you have in any manner violated or threatened to violate Discark's intellectual property rights, Discark may seek injunctive or other appropriate relief in any state or federal court in the state of New Hampshire, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Discark. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Discark
68H Stiles Road
Salem, NH 03079
Discark

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Discark the information requested below in writing. Please note that this procedure is exclusively for notifying Discark and its affiliates that your copyrighted material has been infringed.

  • Date of notice
  • 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, including the full url address
  • Your contact information including 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.
  • Send notice of claims of copyright infringement to:

    Discark
    Legal Department
    68H Stiles Road
    Salem, NH 03079
    phone: (603) 890-8996
    fax: (603) 890-8997
    e-mail: admin@Discark