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Last updated June 10th, 2021
Musicbirds is an online platform where owners of music instruments can advertise their instrument(s), as well as accessories and equipment needed to use these instruments (“Marketplace Offering(s)”), in order to allow their rental by other Members of the Site. Musicbirds links music instruments owners and renters.
"Owner” means a Member who creates a listing for a Marketplace Offering on the Site. “Renter” means a Member who requests from an Owner a rental of a Marketplace Offering via the Site. A "Listing" is a Marketplace Offering listed as available for rental on the Site.
The Site is intended for users and members who are at least eighteen (18) years old. If you are below the age of eighteen (18), please obtain the permission of your parent or guardian before using our Site. Marketplace Offerings may be rented for use by individuals under 18 years of age, but the rental must be made by adults, who may rent the Marketplace Offering with a credit card or other approved payment method.
4. Musicbirds’role and liability
Musicbirds makes available an online platform or marketplace with related technology for Owners and Renters to meet online and arrange for the rental of Marketplace Offerings directly with each other via the Site. You may view Listings as an unregistered visitor to the Site. However, you must create an account and be a registered user in order to create a Listing or to rent a Marketplace Offering.
Musicbirds acts as a service provider but does neither control or guarantee the content contained in any listings and the conditions, legality, or suitability of any Marketplace Offering. We make our best efforts to ensure that each Marketplace Offering is adequate and accurrate. However, we are not responsible of the content of the Marketplace Offerings, in regard to the availability, prices, ratings, reviews, or legality. The Marketplace Offerings have been written and displayed by the Owners. You agree to hold Musicbirds harmless from any errors, omissions, or misrepresentations contained within the Marketplace Offerings' content.
Therefore, Musicbirds' responsibilities are limited to:
1) facilitating the availability of the Site
2) serving as the limited agent of each Owner for the purposes of accepting payments from Renters on behalf of the Owner.
Musicbirds disclaims all liability related to Listings and Marketplace Offerings. All bookings and rentals are made at the Owner’s and Renter’s own risk.
In no event will Musicbirds be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or the marketplace offerings, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain US state laws and international 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 or limitations may not apply to you, and you may have additional rights.
5. Creation of Listings – Information about Marketplace Offerings
As a User, you may create Listings. To create a Listing, you will provide a free description of the Marketplace Offerings you make available for rentals. Your description should be as accurate as possible and must include:
- a title (containing if possible the mark and type of the music instrument),
- the location where the music instrument can be rented (city),
- the condition of the music instrument (including if possible one to three picture(s) of the instrument)
- the price for the rental (price per day / per week / per month),
- the availability for the rental (only available when you choose the per day time-unit).
You can freely add some information and personal comments about your music instrument(s), such as:
- the mark and/or type of the music instrument,
- the age of the music instrument,
- the related accessories (if included).
It is mandatory to have a music instrument insurance covering the Marketplace Offering (more information below). If you don’t have an insurance for this Listing, you should request in the Listing that the Renter provide one, so that your Marketplace Offerings is insured on its behalf.
You are free to determine the price of your rental. The rental time-unit is per day, per week or per month. You need to make different listings if you wish to rent your Marketplace Offerings for different time-units.
Once the Listing has been reviewed by Musicbirds, it will be made publicly available on the Site. Other users will be able to rent your Listing via the Site based upon the information provided in the Listing. You understand and agree that once a Renter requests a rental of your Listing, or once you offer a Renter custom pricing for a reservation, you may not request the Renter to pay a higher price than in the reservation request or invitation, as applicable. Musicbirds is not responsible for any cash transaction you would directly generate with other users.
You acknowledge and agree that you are responsible for the content any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the renting of, or a Renter’s use of, Marketplace Offerings in a Listing you post: 1) does not breach any agreements you have entered into with any third parties, such as ownership, lease or rental agreements; and 2) (a) is in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Marketplace Offering included in a Listing you post and (b) does not conflict with the rights of third parties.
Musicbirds assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Musicbirds reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
6. Information regarding Marketplace Offerings’ Insurance
As an Owner, you understand and agree that Musicbirds does not act as an insurer. If a Renter requests a rental of your Marketplace Offerings and uses your Marketplace Offerings, any agreement you enter into with such Renter is between you and the Renter, and Musicbirds is not a party thereto.
Musicbirds is not responsible for any damages occurring to your Marketplace Offerings during the rental period. You understand that only the Owner and the Renter can deal with one another regarding the Marketplace Offerings' condition and/or damages during and after the rental.
A music instrument insurance covering the Marketplace Offering is MANDATORY. As an Owner, you can either:
1) make sure that your current and valid music instrument insurance policy does cover your Marketplace Offerings rentals to a third party. Please review any insurance policy that you may have for your Marketplace Offerings carefully
2) request the Renter to insure your Marketplace Offerings on its behalf via a music instrument insurance that will cover the rental. It should be clearly written in your Listings.
As an Owner, you are encouraged to provide the Renter with an accurate inventory of your Marketplace Offerings (for instance: scratches on the music instrument, possible noises due to the mechanic). You are free to fix your own written conditions signed by you and the Renter concerning a possible security deposit and/or financial compensation in the event of a change of the inventory after the return of your Marketplace Offerings. You understand and agree that Musicbirds cannot and will not take any security deposit and is not responsible for the Marketplace Offerings' condition during and after the rental.
As a Renter, you agree to respect and follow the Owner's wishes concerning the inventory of its Marketplace Offerings that you will have received before the beginning of the rental. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you allow to use or provide access to the Marketplace Offerings. As a Renter, you are responsible for returning or leaving the Marketplace Offerings, as applicable, in the condition it was in when you received it. In the event that an Owner claims otherwise and provides evidence of damage, loss, or theft, including but not limited to photographs, you agree to either 1) pay the cost of repairing damaged Marketplace Offerings or to replace the damaged, lost, or stolen Marketplace Offerings with equivalent items or 2) assist the Owner if applicable, with making a claim to the applicable Insurance provider 3) make a claim to the Insurance provider you have chosen for the rental.
Musicbirds offers to assist the Owners and Renters based in the European Union and Switzerland to insure their Marketplace Offerings with the Music Instrument Insurance "Harmonia". Please refer to the "Music Instrument Insurance" Paragraph in the "How it works" section for more information.
7. Behavior of Users and Members
You may use the Site only for lawful purposes. You agree in particular that you will not use the Site:
- in any way that breaches any applicable local, national or international law or regulation, or that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- in such a way that disrupts, interferes with or restricts the use of the Site by other users;
- to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (‘spam’);
- to transmit knowingly any data, or send or upload any material, that contains viruses, trojans, worms or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment;
You must ensure that any materials uploaded, displayed or transmitted by you through or to the Site are not false, offensive, defamatory, threatening, obscene or unlawful and do not breach or infringe the rights of any person anywhere in the world. Please note that when you create a new Listing on Musicbirds, it is recommended that you use a photo that you have taken yourself (and not a photo found on the internet, which could constitute a copyright infringement).
Musicbirds has the right to remove any posting you make on our Site if, in our opinion, your post does not comply with these Terms.
7.1.Creating an user account
You may be required to register with the Site in order to access the Marketplace Offerings. In order to have complete access to the Site, you first have to create an account and become a member. This means providing your email address and set up a password, or through the social networking site Facebook. By connecting your Facebook account to the Site, you provide your Facebook login informations to Musicbirds through the Site, and allow Musicbirds to access your Facebook account within its applicable terms and conditions. Musicbirds does not have to pay any fees for this access, and you agree that Musicbirds will access any information, text, images you have provided and made available in your Facebook account. Musicbirds cannot be held responsible for any Facebook content.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree to keep your password confidential and will be responsible for all use of your account and password. You must immediately notify Musicbirds of any unauthorized use of your account.
By using the Site or the Marketplace Offerings, you represent and warrant that all registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such registration information as necessary.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.
7.2.Guidelines for Listing and Marketplace Offerings:
You are not allowed to:
1) make a Listing, as an Owner, from any Marketplace Offering that you do not yourself own or have permission to rent (should you be renting the Marketplace Offerings you want to put as Listing, you need the written authorization from your Owner in a property rental agreement).
2) as a Renter, rent Marketplace Offerings for a third party.
3) contact an Owner for another reason than a question related to its Marketplace Offerings or Listings.
4) contact a Renter for another reason than a question related to a possible rental agreement.
5) contact, solicit or suggest any Owner or user to register to a third-party website that is competitive to Musicbirds.
6) make a Listing with inaccurate information concerning the condition of the Marketplace Offerings, or lie about it.
You should not try to bypass the online booking system of the Site, notably by trying to send another Member your contact details in order to make the booking outside of the Site and avoid paying the Service Fees to Musicbirds.
7.3. Guidelines for writing reviews:
We may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
1) you should have firsthand experience with the person/entity being reviewed;
2) you should not be affiliated with competitors if posting negative reviews;
3) you may not post any false or misleading statements;
4) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
8. Intellectual Property Rights
8.1. Intellectual Property Rights on the Site and on Marketplace Offerings
We are the owner or licensee of the intellectual property rights on the Site and in the content, materials and logos published on it. The content of the Site is protected by copyright laws and treaties around the world. All such rights are reserved.
The content and photos of the Marketplaces Offerings are also protected by copyright laws and treaties. Unless otherwise stated, the Owners reserve all rights on their Listings.
You may not reproduce, modify, extract, adapt, post, transmit, copy, make available or distribute or otherwise use any of the content on this Site without Musicbirds prior written permission. Any use made of such content may be an infringement of rights in that content and Musicbirds reserves all rights to enforce such rights.
Whenever you make use of a feature that allows you to upload content to our Site, such as publish a new Listing for a Marketplace Offerings, or when you make contact with other users of our Site, you must comply with the Permitted Uses set out above.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, irrevocable, assignable, royalty free and global licence to use, operate, store, copy, modify and sub-licence that content and to distribute and make it available to third parties. You waive any moral rights in respect of any such content.
8.2. Notification for copyright infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at:.
A copy of your notification will be sent to the person who posted the material addressed in the notification.
Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification.
9. Rentals and payments
Musicbirds offers two payment systems: Stripe (for Visa and Mastercard) and Paypal.
You agree to provide current, complete, and accurate purchase and account information for all rentals of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change the Service Fees at any time. All payments shall be in Euros. You agree to pay all charges at the prices then in effect for your rental and any applicable Service fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to refuse any order placed through the Site.
9.1. Terms of rent
For an Owner:
When a rental is requested for your Marketplace Offering via the Site, you will be required to either approve or reject the reservation within three (3) days; otherwise, the reservation request will be automatically cancelled. When you authorize a rental, the reservation is confirmed per email. As an Owner, you will get the total amount minus the Service Fees (please read the section below).
For a Renter:
In order to ask for a Listing rental, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Musicbirds or its third-party payment processor (PayPal or Stripe). You agree to pay Musicbirds for any approved reservations made in connection with your Musicbirds Account. You hereby authorize the collection of such amounts by charging the credit card or the Paypal account provided as part of requesting the reservation, either by Musicbirds or indirectly, via a third-party online payment processor. Once your confirmed reservation transaction is complete, you will receive a confirmation email.
As an Owner, and as well as a Renter, you agree and understand that Musicbirds is not responsible for honoring any confirmed reservations. If an Owner and a Renter choose to enter into a transaction agreement, the Renter agrees to accept any rules, conditions, insurance obligations requested by the Owner. The Owner freely accepts to rent its Marketplace Offerings to the Renter. Both the Owner and the Renter agree that Musicbirds is not a party to such an agreement and therefore disclaims all liability arising or related to such an agreement.
9.2. Service Fees
At the time of booking a Listing rental, Musicbirds charges service fees, calculated on the basis of the rental price: 15% of the payment made by the Renter. According of the payment chosen by the Renter, the Paypal or Stripe Fees (based on your account's fee, which are around 2,9 % + approximatively 0,25 € fixed commission), will also be deducted from the rental price. Musicbirds’ contribution fees and the Paypal or Stripe Fees are referred together as the “Service Fees”.
Musicbirds will deduct all Service Fees from the rental price fixed by the Owner on the Marketplace Offerings (or through a private offer to the Renter) before remitting the balance to the Owner as described in these Terms.
Service Fees are non-refundable, except as otherwise provided herein.
The currency of the Service Fees is Euro. Musicbirds may impose or deduct foreign currency processing costs on or from any remittances by Musicbirds in currencies other than Euros.
9.3. Cancellation and refund policy
Please review our Cancellation and Refund Policy posted in the "How it works" section prior to making any rental.
10.1. Third-party websites and content
The Site or the Marketplace Offerings may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such "Third-Party Websites" and "Third-Party Content" are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any "Third-Party Content" posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the "Third-Party Websites" or the "Third-Party Content".
You agree and acknowledge that we do not endorse the products or services offered on "Third-Party Websites" and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any "Third-Party Content" or any contact with "Third-Party Websites".
10.2. Site management
10.4. User data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
10.6. Applicable law - Dispute
You can also, if necessary, present your complaints relative to our Platform or our Services on the dispute resolution platform placed online by the European Commission, accessible here:. The European Commission will send your complaint to the competent national ombudsman.
11. Contact us
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: email@example.com".
(A postal address will be communicated upon request)
We provide music instrument sharing services and may also publish information about music instruments on our website, from this point referred to as “services”.
The responsible authority for data processing in Europe is:
Claire Augier de Lajallet
7 avenue Salvador Dali
Business ID: (SIRET Number, France): 899 260 012 00013
Claire Augier de Lajallet is the person responsible for the entire publications of www.musicbirds.io.
The Website of Musicbirds (www.musicbirds.io) is hosted by Sharetribe Oy:
- Sharetribe Oy
- Business ID (Finland): 2432359-2
- Address: Erottajankatu 19 B, 00130 Helsinki, FINLAND
- Internet: www.sharetribe.com
Claire Augier de Lajallet
7 avenue Salvador Dali
This website is not intended for children and we do not knowingly collect data relating to children.