Terms of Service

1. Acceptance of Terms

By accessing or using Performing Arts Marketplace (“PAM,” “Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Platform.

2. Eligibility

You must be at least 18 years of age to use the Platform. By accepting these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

3. Platform Overview

Performing Arts Marketplace is a peer-to-peer marketplace that enables buyers and sellers to transact used performing arts equipment — including marching band instruments, color guard equipment, drum corps gear, and related items — directly with one another. PAM facilitates the transaction but is not a party to the underlying sale between users. PAM does not own, inspect, or guarantee any items listed on the Platform.

4. Buyer Terms

• You agree to complete payment when your purchase is confirmed through the checkout process.
• All sales are considered final. Returns and refunds are subject to seller agreement and PAM’s dispute resolution process.
• You are responsible for providing an accurate and complete shipping address. PAM and sellers are not responsible for delivery failures caused by incorrect address information.
• Initiating unauthorized chargebacks or payment disputes without first contacting PAM support may result in account suspension.
• You agree to communicate with sellers through the Platform for any questions about a listing prior to purchase.

5. Seller Terms

• You represent and warrant that all items you list are accurately described, in the stated condition, and that you have the legal right to sell them.
• You agree to ship sold items within 5 business days of receiving payment confirmation from PAM.
• Listing prohibited items (see Section 6) will result in immediate listing removal and may result in permanent account termination.
• You are solely responsible for any applicable taxes, duties, or fees associated with your sales. PAM does not provide tax advice.
• PAM retains a 20% platform fee on each completed transaction. Your payout will be 80% of the final sale price, transferred to your connected Stripe account.
• You agree to respond to buyer inquiries and disputes in a timely and good-faith manner.

6. Prohibited Items

The following may not be listed on the Platform:

• Stolen, counterfeit, or fraudulently obtained goods
• Items subject to export control restrictions
• Weapons, ammunition, or items that are illegal under applicable federal, state, or local law
• Items that are not performing arts equipment or directly related accessories
• Hazardous materials or items that pose a safety risk

7. Platform Fees

PAM charges sellers a 20% platform fee on all completed transactions. This fee is automatically deducted from the seller’s payout. There are no fees charged to buyers. Fees are subject to change with notice to sellers.

8. Payments

All payments on the Platform are processed through Stripe, Inc. By using the Platform, you agree to Stripe’s Terms of Service and Privacy Policy. PAM does not store payment card information. Sellers must connect a Stripe account to receive payouts. Payouts are subject to Stripe’s standard processing timelines.

9. Dispute Resolution

If a dispute arises between a buyer and seller, both parties agree to contact PAM support at support@performingartsmarketplace.com before initiating any chargeback or legal action. PAM will make reasonable efforts to facilitate resolution but is not obligated to provide a binding determination and is not liable for the outcome of any dispute between users.

10. User Conduct

You agree not to use the Platform to engage in fraud, harassment, price manipulation, or any activity that violates applicable law. PAM reserves the right to suspend or terminate any account that violates these Terms or that engages in conduct harmful to other users or to the Platform.

11. Intellectual Property

By posting listing content (including photos, descriptions, and other materials), you grant PAM a non-exclusive, royalty-free, worldwide license to display and use that content for the purpose of operating and promoting the Platform. You represent that you own or have the right to use all content you post.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PAM’S TOTAL LIABILITY EXCEED THE AMOUNT OF PLATFORM FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless PAM and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, your listings, your transactions, or your violation of these Terms.

14. Modifications to Terms

PAM reserves the right to modify these Terms at any time. We will notify registered users of material changes via email or by requiring re-acceptance upon next login. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

16. Contact

Questions about these Terms? Contact us at support@performingartsmarketplace.com.