2018 Murfie Terms of Use

Welcome to Murfie. We are an end-to-end collection management platform that allows you to sell, buy, trade, store, play, and digitally convert your music and audiobook compact discs (“CDs”), vinyl records (“vinyl”), and cassette tapes (casettes). 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 platform operates. At Murfie, we fully respect and protect copyrights on all content. Our subscribers only listen to content for which they hold the copyright.

1. General

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 customer account on murfie.com. You must be at least 13 years of age to create a customer 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 link located at the bottom of each page. This most current version of the Terms of Use supersedes all previous versions.

2. Prices for Products and Services

Current standard prices for most Murfie products and services, including commissions, shipping and handling, physical and digital storage, streaming access, memberships, and conversion services are published on the Pricing page on murfie.com. These prices are subject to change at any time without changing these Terms of Use. Murfie membership fees are not refundable, and cancellation of your membership or failure to pay for renewal gives us the power to restrict or deny digital access to your Murfie collection.

3. Playing and Accessing Your Music

Murfie offers streaming services to play the music from your Murfie Collection over the Internet. Streams are delivered directly from our servers or licensed service providers to your web browser, mobile devices, and home music players. These streams are provided for your personal use of and access to your property only. Music from your Murfie Collection may not be rebroadcast or performed commercially unless you possess the appropriate licenses to do so. Stream ripping (i.e. making permanent copies of the data that Murfie streams to you) is not permitted and violates these Terms of Use.

4. Murfie Cloud Album Vouchers

A new Murfie subscription includes either 10, 5, or 2 Cloud Album Vouchers for the first year. These vouchers can be exchanged for 1 used album from Murfie’s collection, regardless of the price of that album in our marketplace. Vouchers cannot be used to order new albums from our distributors or purchase used albums from other Murfie members.

5. Payment

We accept credit cards issued by U.S. banks, PayPal, and Bitcoin. When you make a purchase, your Murfie balance is used first, then your credit card, if provided, 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, you authorize us to bill your card on a recurring basis.

You agree that you will pay for all products you purchase through Murfie's services, and that we may charge your Murfie balance and/or credit card for any products purchased. You are responsible for timely payment for all purchases and for providing us with a valid form of payment. If you want to designate a different credit card, or if you wish to change your payment information, you may do so in the Billing section of the murfie.com website. If you wish to opt in or out of autorenewal of Murfie memberships, you may do so in the Membership section of the murfie.com website or by emailing our Member Solutions Department at info@murfie.com.

Murfie, Inc.’s headquarters are in Madison, Wisconsin. 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.

6. Returns and Refunds

We guarantee your satisfaction with the CDs, vinyl, and cassettes you purchase or receive on murfie.com. If we ship you a physical CD, vinyl, or cassette album that is unplayable or is not the album you ordered, we will issue you a refund or exchange. If we digitize a CD, vinyl, or cassette album in your Murfie 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, for these reasons or any other reason, please email us at info@murfie.com. We have a friendly support staff who excels at resolving any problems you may encounter to your satisfaction.

7. Your Murfie Collection

Every album (CD, vinyl, or cassette) that you send to us, purchase, receive in trade, or receive as a gift is your property and becomes part of your Murfie Collection. We may store your collection for you at our facility if you choose to have us do so. We act on your behalf to execute CD, vinyl, and cassette sales and/or trades that you authorize. You remain the owner of the CDs, vinyl, and cassettes in your Murfie Collection until your albums are sold, traded, gifted, or disposed of according to your instructions. We reserve the right to exchange any CD in your Murfie Collection with an identical, original CD possessing identical content, provided that the physical condition of the exchanged CD is of equal or better quality (e.g. fewer scratches, better or more complete liner notes) than the CD it replaces.

8. Downloads of Content from CDs, Vinyl, and Cassettes

If you request digital file delivery (i.e. a download), Murfie extracts audio data from your CD, vinyl album, or cassette on your behalf and converts this audio data into digital 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 that you have appropriately licensed with all owners of any copyrighted content.

When extracting and 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 data that perfectly matches 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.

When extracting and delivering your vinyl or cassette contents to you, you grant us permission to make reasonable efforts on your behalf to ensure data fidelity. We may clean your vinyl or cassettes. We may make use of digital filtering techniques to remove noise, hiss and pops.

9. Physical Delivery of CDs, Vinyl, and Cassettes

In the case of delivery of an original CD you purchased from the murfie.com shop or a CD from your Murfie Collection, we send you the CD and liner notes, if they are available. We guarantee that the CD you receive will be playable on an ordinary CD player.

In the case of delivery of an original vinyl record you purchased from the murfie.com shop or a vinyl record from your Murfie Collection, we send you the vinyl, jacket and other materials, if they are available. We guarantee that the vinyl record you receive will be playable on an ordinary turntable.

We charge shipping and handling fees for delivery of CDs, vinyl records, or cassettes. See our Pricing page for current delivery rates and shipping options, which are subject to change at any time.

10. Sending CDs, Vinyl, and Cassettes to Murfie

Should you wish to sell, trade, or store CDs, vinyl, or cassettes with Murfie, or request that we encode music from (aka “rip”) your CDs, vinyl, or cassettes, your first step is to send your CDs, vinyl, or cassettes to us. To do so, simply request a shipping kit on murfie.com.

We accept CDs with jewel cases or without jewel cases, and we accept CDs with liner notes or without liner notes. Send us whatever is easiest for you, as long as you include the CD itself.

If some of the CDs you send us are scratched, we’ll make our best effort to polish those CDs to achieve an accurate rip. We’re able to extract quality audio data from nearly everything we receive.

We accept vinyl with jackets or without jackets, and we accept vinyl with additional materials or without additional materials. We accept 7-inch, 10-inch, and 12-inch vinyl or lathe-cut records at 33 ⅓ RPM or 45 RPM. We make our best effort to clean and process damaged vinyl. Send us whatever is easiest for you, as long as you include the vinyl record itself.

Please send us only lawful copies of commercially produced music CDs, vinyl albums, and cassettes. Anything that we receive from you that is not a lawful copy of a commercially produced CD, vinyl record, or cassette (e.g. CD-Rs, backups, or other writeable media) is recycled or disposed of appropriately, or we may return it to you at your expense.

11. Storage of Your CDs, Vinyl, and Cassettes

If you choose to have us do so, we will store the CDs, vinyl, and cassettes comprising your Murfie Collection in our secure facility. Current rates for storing your collection at Murfie are found on our Pricing page. We insure your CDs, vinyl, and cassettes for the lesser of replacement value or $5 dollars per item against loss or damage while stored with us. Contact us at info@murfie.com if you wish to purchase additional insurance for your Murfie Collection.

We store your CDs, liner notes, 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. We do not store any standard jewel cases you send to us, unless you make other arrangements. Prior to storing your collection at Murfie, standard jewel cases are recycled or donated to organizations such as schools and libraries. CD binders and folders (e.g. Case Logic cases) that you send to Murfie are also recycled, donated, or disposed of appropriately.

We store your vinyl records, jackets, sleeves, paper inserts, and specialty cases (e.g. cases from box sets and cases that are not standard record jackets) exactly as you sent them to us.

Murfie will take all reasonable efforts to protect your collection, but will not be liable in the event of damage, theft or physical obsolescence or degradation.

12. Return or Recycling of Your CDs, Vinyl, and Cassettes

Rather than continue to store your CDs, vinyl, or cassettes at Murfie, you may direct us to ship items back to you or have them recycled.

We will return your some or all of your CDs, vinyl, or cassettes to you if: (1) the return of your CDs, vinyl, or cassettes was pre-arranged/pre-paid when placing your order as part of our rip-and-return service; (2) you request return of your CDs, vinyl, or cassettes as part of the “Murfie Guarantee” below; or (3) you otherwise request that we return some or all of your CDs, vinyl, or cassettes to you.

We charge shipping and handling when shipping your CDs, vinyl, and cassettes back to you. Current prices for return shipping can be found on our Pricing page. There is no cost to you to have Murfie recycle your CDs, vinyl, or cassettes.

You retain the right to stream and download the digital files in your Murfie Collection after your CDs, vinyl albums, or cassettes have been recycled or returned to you.

13. Murfie Guarantee

Murfie guarantees that we will pay all shipping and handling expenses required to return CDs, vinyl, or cassettes that you send to Murfie back to you in the event that you are not completely satisfied with Murfie's services. We guarantee this for thirty (30) days from the date that we post CDs, vinyl, or cassettes to your collection on murfie.com. CDs, vinyl, or cassettes that you sold or traded away to other Murfie customers cannot be returned to you. Should you wish to retrieve the CDs, vinyl, or cassettes that you sent to us as part of this guarantee, email us at info@murfie.com. CDs will be shipped in sleeves along with any accompanying paper materials and custom packaging that you originally sent to us. Standard jewel cases that have been recycled will not be returned. Vinyl will be returned in protective sleeves along with any liners, jackets and other materials that you originally sent to us.

14. Selling Your CDs, Vinyl, and Cassettes

You may elect to list eligible CDs, vinyl, and cassettes in your collection for sale on murfie.com. Murfie collects a commission from you upon each completed sale of a CD, vinyl album, or cassette from your Murfie Collection. Please see our Pricing page for our current commission structure. Your net proceeds are immediately credited to your Murfie balance at the time of each completed sale. Murfie may add other transaction fees (e.g. shipping and handling charges) to the price of CDs, vinyl, or cassettes to be paid by the purchaser at time of purchase.

You agree to sell and immediately transfer full rights and title of any CD, vinyl album, or cassette you listed for sale upon credit of the net proceeds from its sale to your Murfie balance. You also agree to delete any backups of any albums you have at home before sending any CDs, vinyl, or cassettes to Murfie that you intend to sell. Failure to do so constitutes acceptance of all liability to the rights holders.

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 balance 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 about selling your work on Murfie.

15. Trading Your CDs, Vinyl, and Cassettes

Trade offers are valid until cancelled, and trades are immediate and final once accepted. By default, the items in your Murfie Collection that you have not downloaded and have not had shipped to you are listed as available for trade. You will have the opportunity to review and accept or deny any incoming trade offer that is made for music in your Murfie Collection. You may choose to mark any or all of the items in your Murfie Collection as unavailable for trade at any time.

16. Restrictions to Selling and Trading

Prior to the sale or trade of any CD, vinyl album, cassette in your Murfie Collection, you agree to delete any copies of music made from that CD, vinyl album, or cassette currently in your possession. It may violate copyright law to possess digital copies of CDs, vinyl albums, or cassettes 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 prevent the use of Murfie for the purpose of copyright infringement, Murfie restricts your ability to list for sale or trade all CDs, vinyl albums, and cassettes whose contents we have delivered to you as downloads or digital files, except where permission to do so is explicitly indicated. Items in your Murfie 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, vinyl, and cassettes in your Murfie Collection from being eligible for sale or trade due to imperfections, such as scratches, that prevent reading the data, or other issue that may compromise their value to the recipient. Any items in your collection that are restricted from being sold or traded will remain in your Murfie Collection for your personal use.

17. Privacy and Communications Preferences

Murfie agrees never to sell your personal data to any third parties or unaffiliated beneficiaries. Murfie collects and uses the personal data to provide you with access to our platform in a reliable and secure manner. We also collect and use personal data for our legitimate business needs including marketing and user acquisition. To the extent we process your personal data for other purposes, we ask for your consent in advance.

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. While you may unsubscribe from most email communication from us, we always reserve the right to email you regarding financial activity (e.g. purchases, sales, payment requests) on your account while your account with us remains open.

18. Customer Account Access and Identity Protection

In order to provide you with ease of access to your murfie.com account, murfie.com implements technology to recognize you and provide you with direct access to your account without requiring a 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 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 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 account on hold on your behalf at any time and will notify you when possible should we do so.

19. Promotions & Offers

All promotions and offers are subject to change at any time. See our Pricing page for the most up-to-date information on current pricing, promotions and offers.

20. Inactive Accounts and Onsite Storage

If your annual subscription payment fails, you will be notified via email to update your payment information. After 3 unsuccessful attempts to update your payment information and secure payment, your account will become ‘Inactive.’ Inactive accounts will have limited ability to stream or access their Murfie collection. Once an account becomes inactive, you will have 180 days to make arrangements to retrieve any physical music media stored on-site with Murfie. In the case of inactive accounts, you will be responsible for paying all associated shipping and handling costs related to sending you your collection. If, after 180 days of your account becoming inactive you have not arranged to ship your collection back, Murfie will dispose and or repurpose your collection at its discretion.

Proceeds from any sales from your account on the Murfie Marketplace earned during the period of inactivity will be charged against any outstanding subscription/service fees to keep your account active.

21. 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 customer account; and/or (ii) disable your access to some or all of Murfie's services. Should we terminate or disable access to your customer account under this provision, you will remain liable for all amounts due under your customer 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. In the event of an unanticipated liquidation event, Murfie will appoint a liquidation agent to make all reasonable efforts to return collections to owners within a period of 120 days in accordance with Murfie’s Liquidation Agreement. In the event of liquidation, you will be responsible for all shipping and handling costs associated with returning your collection to you, less any previous credits or shipping refunds you may have. If you are not able to be contacted within 30 days of the date of liquidation to facilitate return shipment, your collection will be disposed of and digital files/backups deleted. Remaining Murfie credits at the time of liquidation will have no cash value.

22. Uploaded Digital Files

You retain all ownership rights and legal liability for files you upload to your Murfie cloud account. Digital files you own cannot be sold, traded or otherwise transferred for consideration via Murfie’s platform. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Murfie will utilize it’s best efforts to prevent the sale, transfer or distribution of pirated music.

23. 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, vinyl or cassettes, 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 incorporated into these Terms of Use.

24. 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.