Terms of Use

Welcome to Murfie. We are an online service, providing our customers a platform for selling, buying, trading, storing, playing, and digitally converting their music compact discs (“CDs”) and digital music. Please take a moment to read through the following terms and conditions. It is important that you read and understand them, as they are the legal contract that governs the way we’ll work together. Additionally, we hope you’ll find these Terms of Use helpful in learning more about Murfie and how our service operates.

These Terms of Use are an ongoing contract between you and Murfie, Inc., a Delaware corporation based in Madison, Wisconsin, which conducts business as Murfie and murfie.com. This agreement permits you to establish one member account on murfie.com. By and when using, visiting, or browsing the murfie.com website you accept and agree that your use of that account will be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use Murfie.

We reserve the right to change these Terms of Use. The most current version of these Terms of Use can be reviewed by visiting murfie.com and clicking on the Terms of Use link located at the bottom of each page. The most current version of the Terms of Use supersedes all previous versions.

Privacy and Communications Preferences

Any personally identifying information submitted to Murfie is subject to our Privacy Policy. The most current version of our Privacy Policy can be reviewed by visiting murfie.com and clicking on the Privacy Policy link located at the bottom of each page.

By agreeing to these Terms of Use, you are consenting to receive certain communications from us. We may send you email notifications of activity and transactions that occur via Murfie that involve your music. We may send you newsletters about new Murfie features, special offers, promotional announcements and customer surveys via email. Please review our Privacy Policy for further details and for unsubscribe instructions.

Payment

We accept credit cards issued by U.S. banks. When you make a purchase, your Murfie balance is used first, then your credit card is charged for any remaining balance. We charge your credit card at the time of your transaction or shortly thereafter. If multiple purchases are made during one purchasing session, we may combine some or all of these purchases when charging your credit card. Combined purchases will appear as a single charge on your credit card or bank statement. If you subscribe to a product that bills on a recurring basis, Murfie will notify you via email of upcoming payments and you authorize us by subscribing to bill your card.

You agree that you will pay for all products you purchase through Murfie's services, and that we may charge your credit card for any products purchased. You are responsible for timely payment for all purchases and for providing us with your valid credit card for payment. If you want to designate a different credit card or if you wish to change your payment information, you may update it in the Profile section of your murfie.com Dashboard.

Murfie, Inc.’s headquarters are in Madison, Wisconsin, so if you have a Wisconsin billing address, required state and county sales tax is included in the total price indicated. If your billing address is outside Wisconsin, we do not collect any sales or use tax on your behalf.

Sending CDs to Murfie

Should you wish to sell, trade, or store CDs with Murfie, or request we encode music from (aka “rip”) your CDs, your first step is to send your CDs to us. To do so, simply request a shipping kit or a shipping label on murfie.com. We will accept CDs with jewel cases or without jewel cases, and we will accept CDs with liner notes or without liner notes. Send us whatever is easiest for you, as long as you include the CD itself.

We may pay for your shipment, and will notify you before we process your shipping kit request if you will incur any fees. For shipments we pay for, Murfie insures each disc for an amount not greater than replacement value, up to $10 per CD. If you arrange your own shipping, we do not take responsibility for goods damaged in transit.

We store your CDs, liner notes, and paper inserts, and specialty cases (e.g. cases from box sets and cases that are not standard jewel cases) exactly as you sent them to us, and we will return them to you at your request for the first ninety days per the Murfie Guarantee below, and thereafter per our physical delivery terms. Jewel cases are recycled immediately or donated to organizations such as schools and libraries. CD binders and folders (e.g. Case Logic cases) are immediately recycled, donated, or disposed of appropriately. Anything that is not a lawful copy of a commercially produced music CD, including CD-Rs, backups, or other writeable media, is recycled or disposed of appropriately, or we may return it to you. We may recycle incomplete sets of art and liner notes after 90 days.

Murfie Guarantee

Murfie guarantees that we will pay all shipping and handling expenses required to return CDs that you send to Murfie back to you in the event you are not completely satisfied with Murfie's services. We guarantee this for ninety days from the date we post CDs to your collection on murfie.com. CDs that you sold or traded away to other members cannot be returned to you. Should you wish to retrieve the CDs you sent to us as part of this guarantee, email us at info@murfie.com. CDs will be shipped in sleeves with accompanying paper materials and custom packaging. Jewel cases that have been recycled will not be returned.

Your Murfie Collection

Every CD you send to us, purchase, or receive in trade is your property and becomes part of your Murfie collection. We store your collection for you at our facility. We act on your behalf to execute CD sales and/or trades you authorize. You remain the owner of the CDs in your collection until your CDs are sold, traded or disposed of according to your instructions. We reserve the right to exchange any CD in your collection with an identical, original CD possessing identical content, provided the physical condition of the exchanged CD is of equal or better quality (e.g. fewer scratches) than the CD it replaces.

Accessing Your Music

Murfie offers streaming services to play the music from your CDs over the Internet. Streams are delivered directly from our servers or licensed service providers to your browser, mobile devices, and home music players. These streams are provided for your personal use of and access to your property. Music from your CDs may not be rebroadcast or performed commercially except where indicated in your Murfie service documentation.

Selling Your CDs

You choose the price of any discs in your collection that you list for sale on Murfie from a list of available price points. Upon sale of a disc from your collection, Murfie retains our commission, currently 30%. Your net proceeds of 70% of the price are immediately credited to your Murfie balance. Murfie may add other transaction fees to the price of CDs at the time you price them for sale.

You agree to sell and immediately transfer full rights and title of any CD you listed for sale upon credit of the net proceeds from its sale to your Murfie balance.

Your Murfie balance is owed to you by Murfie and may immediately be used for purchases on murfie.com. You may at your option request a payment, and we will send you your full balance within 30 days. Murfie will pay credits by check sent to your mailing address on file with Murfie, and may offer other means of payment. You are responsible for applicable taxes on income from selling CDs via Murfie.

Artists and record labels may also sell directly via Murfie under an Artist’s Shop agreement, please contact us at info@murfie.com for more information.

Trading Your CDs

Offering and accepting trades on Murfie is free of charge. Trade offers are valid until cancelled, and trades are immediate and final once accepted. By default the CDs you add to your collection and have not downloaded or requested for physical delivery are made available for trade. You will have the opportunity to review and accept or deny any incoming trade offer that is made for CDs in your collection. You may make any or all of your CDs unavailable for trade at any time.

Restrictions to Selling and Trading

Prior to sale or trade of any CD in your Murfie collection, you agree to delete any copies of music made from that CD while you owned it. It may violate copyright law to possess digital copies of CDs you do not own or did not license from an authorized source. It is a violation of these Terms of Use to use Murfie's services for the purpose of copyright infringement. In order to discourage use of Murfie for the purpose of copyright infringement, Murfie restricts listing for sale or trade any CDs whose contents we have delivered to you as digital files, except where permission to do so is explicitly indicated. Murfie currently allows the copyright holder the ability to grant or restrict this permission. CDs from your collection that you have only accessed via Murfie streaming services, whether offered by Murfie or our partners, are not subject to this restriction.

Murfie reserves the right to restrict CDs from being eligible for sale or trade due to imperfection such as scratches that prevent reading the data, or other issue that may compromise their value to the recipient. We will notify you via email with the reasons if we determine any CDs are ineligible for sale or trade, and those CDs will remain in your Murfie collection.

Storage and Recycling of Your CDs

We store all CDs we receive from you in a secure facility. We insure your CDs (for replacement value, or as priced, if listed for sale) against loss or damage while under our care.

We store your CDs at no cost to you for a minimum of one year from the date we receive your first shipment. Each year thereafter, you can continue to qualify for free annual storage of up to 1,000 CDs provided you have completed at least 12 transactions with Murfie during the course of that year. Any sale, purchase, trade or paid delivery of a CD counts as one transaction. If you do not qualify for free storage, we may charge your credit card an annual storage fee of $12 for the storage of up to 1,000 CDs. We will offer a quoted rate to store collections larger than 1,000 CDs.

You may direct us to recycle any CDs in your collection. You still retain the right to the digital files after your CDs have been recycled. We cannot currently offer further delivery services, however, for CDs that have been recycled. Trades and sales of recycled discs are also currently not possible.

Downloads and Delivery

With Murfie, delivery of a CD in your collection means either: (1) that we extract (i.e. rip) the digital audio content from the CD on your behalf, encode the content in the format(s) you choose, and provide you with the digital file(s) for download; or (2) that we send you the original CD.

In the case of digital file delivery, audio data is extracted from your CD and converted into files in the format(s) you choose. You agree to limit your use of these files to activities related to your own personal use (i.e. non-commercial use or use you have appropriately licensed) of the content.

When delivering your CD contents to you, you grant us permission to make reasonable efforts on your behalf to ensure data fidelity. We'll attempt to repair any damaged CD (e.g. remove scratches, correct read errors) in order to obtain a high quality copy of the information contained on the CD. We may make use of content lawfully licensed to us from copyright holders to replace missing or damaged data from your CD.

In the case of delivery of an original CD from your collection, we send you the CD and liner notes, if they are available. We guarantee the CD you receive will be playable on an ordinary CD player. We charge a service and postal fee for delivery of an original CD, currently $3.

Returns and Refunds

Each sale, purchase or trade via Murfie is considered final upon the completion of the transaction.

We guarantee your satisfaction with the CDs you acquire via purchase or trade on murfie.com. If you receive delivery of a physical CD that is unplayable or is not the album you ordered, we will issue you a refund or exchange. If we rip a CD in your collection, and the digital files you download from Murfie are unplayable, damaged, or are not the album you ordered, we will provide you with another set of digital files or a refund. If you are not satisfied with your purchase or trade, for these reasons or any other reason, please email us at info@murfie.com as soon as possible so we can make it right.

Member Account Access and Identity Protection

In order to provide you with ease of access to your murfie.com member account, murfie.com implements technology to recognize you and provide you with direct access to your member account without another login each time you visit murfie.com.

Please keep your password private and log out of any computer on which you access murfie.com before allowing others to use it. If you disclose your password to anyone or share your member account and/or computer with other people, you take full responsibility for their actions.

If you find that you're a victim of identity theft and it involves your murfie.com member account, immediately notify us at info@murfie.com. Additionally, report the instance to your credit card issuers and your local law enforcement agency. In order to protect you and/or Murfie from what we believe to be fraudulent activity, we reserve the right to place your member account on hold on your behalf at any time and will notify you when possible should we do so.

Right to Terminate

If you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms of Use, we, at our sole discretion and without notice to you may either: (i) terminate this agreement and/or your member account; and/or (ii) disable your access to some or all of Murfie's services. Should we terminate or disable access to your member account under this provision, you will remain liable for all amounts due under your member account up to and including the date of termination. We will remain liable to you for any remaining Murfie balance accrued in compliance with these Terms of Use.

We reserve the right to modify, suspend, or discontinue any Murfie service at any time with or without notice to you. Should murfie.com itself be suspended or discontinued, our liability to you is limited to returning your CDs to you, at our regular shipping rates or per our Murfie Guarantee, and paying you any outstanding Murfie balance owed to you.

Claims of Copyright Infringement

It is our policy to respect the intellectual property rights of others. We do not promote, foster, or condone the illegal copying of CDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through Murfie, or know of someone who is making unauthorized use of the content available through Murfie, please follow the processes outlined on our Claims of Copyright Infringement page which, with this link, is included within these Terms of Use.

Disputes and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Wisconsin, without regard to conflicts of laws provisions. You and Murfie agree that the United States District Court for the Western District of Wisconsin and/or the Wisconsin Circuit Court for Dane County shall have exclusive jurisdiction over any dispute between you and Murfie relating in any way to Murfie's services, our website or user interfaces, or these Terms of Use. You and Murfie expressly and irrevocably consent to personal jurisdiction and venue in these courts. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: July 20, 2012

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