Effective date: July 27, 2026
Welcome to Performing Arts Marketplace (the “Platform,” “we,” “us,” or “our”), a peer-to-peer resale marketplace for used performing arts equipment including marching band instruments, color guard equipment, drum corps gear, and related accessories. The Platform is operated by Performing Arts Marketplace, LLC, an Indiana limited liability company.
By creating an account, listing an item, making a purchase, or otherwise accessing or using the Platform, you (“User,” “Buyer,” or “Seller”) agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional policies or guidelines posted on the Platform. If you do not agree to these Terms, do not use the Platform.
We reserve the right to update, modify, and amend these Terms at any time. We will notify registered users of material changes via email or a notice on the Platform. Continued use of the Platform after such notice constitutes acceptance of the revised Terms.
To use the Platform you must:
By using the Platform you represent and warrant that you meet all of the foregoing eligibility requirements.
Access to the Platform requires creating an account through a supported third-party authentication provider (currently Google and Facebook). You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
You agree to provide accurate, current, and complete information during registration, including a valid United States shipping address. You must promptly update your account information if it changes. We reserve the right to suspend or terminate accounts that contain inaccurate, fraudulent, or outdated information.
You may not transfer or assign your account to another person. Each individual may hold only one account on the Platform.
The Platform is exclusively for the sale of used and pre-owned performing arts equipment and related items, including but not limited to: marching band props and set pieces; marching band, concert band, choir, color guard, winter percussion, and winter winds uniforms and costume pieces; color guard flags, rifles, sabers, poles, and related gear; performance tarps and floor coverings; staging, electronics, carts, racks, cases, sound equipment, front ensemble equipment, percussion equipment, and other accessories or equipment used in marching arts and performing arts activities; drum corps equipment; and marching band instruments, including brass, woodwind, and percussion instruments. Listings for new, counterfeit, stolen, or prohibited items are not permitted.
Sellers are solely responsible for the accuracy, completeness, and legality of their listings. All listings shall include:
Misrepresentation of an item’s condition, origin, or authenticity may result in immediate listing removal, account suspension, and liability for any resulting buyer losses.
Once an item is listed on Performing Arts Marketplace, you may not solicit, facilitate, or complete a sale of that item outside the Platform for the duration of the listing. This includes but is not limited to:
The marketplace exclusivity obligation applies from the moment a listing is published and ends when: (a) the listing is cancelled by the Seller and the item has not been sold to a buyer who discovered it through the Platform, (b) a Platform transaction for the listing is fully completed, or (c) 30 days have passed since the listing was removed without a sale.
Consequences of Off-Platform Transactions: If we determine, in our sole discretion, that a Seller has completed or attempted to complete an off-platform transaction in violation of this section, then we may immediately suspend or permanently ban the Seller’s account, remove all of the Seller’s active listings, and pursue any other remedies available to us under these Terms or applicable law. Buyers who knowingly participate in off-platform transactions facilitated by a listed item forfeit any buyer protections otherwise available through the Platform.
The purpose of this policy is to protect both parties: Platform-processed transactions include payment protection, dispute resolution, and seller identity verification that off-platform deals cannot provide.
Buyers may submit ratings, reviews, and feedback regarding transactions completed through the Platform. Seller ratings and feedback may be publicly displayed as part of a seller’s profile and marketplace reputation. By using the Platform, users acknowledge that reviews and ratings may influence purchasing decisions and seller visibility. The Platform reserves the right, in its sole discretion, to remove, moderate, or refuse any review or rating determined to be fraudulent, misleading, abusive, retaliatory, manipulative, or otherwise in violation of these Terms. Repeated negative feedback, unresolved disputes, policy violations, or conduct detrimental to the integrity of the Platform may result in reduced visibility, listing restrictions, account suspension, or termination of Seller and their accounts.
The Platform supports fixed-price transactions only. Sellers set a price; buyers either purchase at that price or do not. Offer and negotiation functionality may be introduced in a future version of the Platform.
When a Buyer completes checkout and payment is successfully processed, a binding purchase agreement is formed between the Buyer and the Seller. The Platform facilitates this transaction only, and the Platform is not a party to the purchase agreement in any way between Buyer and Seller.
If a Buyer completes a purchase, then Seller shall ship the item in the condition described in the listing. A Seller may not refuse to fulfill a paid transaction except as provided in Section 8 (Cancellations and Refunds). Repeated failure to fulfill paid orders may result in account suspension.
All payments on the Platform are processed by Stripe, Inc. (“Stripe”) through Stripe Connect, a third-party payment processing service. By making a purchase or receiving payouts on the Platform, you also agree to be bound by Stripe’s Terms of Service and Privacy Policy. We are not responsible for errors or failures attributable to Stripe’s systems.
Payment shall be captured immediately at the time of purchase. There is no payment hold or escrow period. The Buyer’s payment method is charged in full at checkout, and funds are disbursed to the Seller’s connected Stripe account (minus Platform fees) according to Stripe’s standard payout schedule.
The Platform charges Sellers a transaction fee (the “Platform Fee”) equal to 20% of the item’s sale price, deducted from each transaction at the time of sale. The Platform Fee covers payment processing, buyer protection, dispute support, and platform operations. The Platform Fee is non-refundable except as provided in Section 8.
Sellers will see their net payout amount (sale price minus Platform Fee plus applicable Stripe processing fees) in their seller dashboard before and after each transaction. The exact Stripe processing fee may vary; refer to Stripe’s published fee schedule for details.
To receive payouts, Sellers must complete Stripe’s identity verification and onboarding process. Until Stripe verifies the Seller’s account and enables payouts, the Seller may not activate listings or receive proceeds from sales. Performing Arts Marketplace is not responsible for delays or rejections in Stripe’s onboarding process.
Sellers shall ensure that their Stripe connected account remains in good standing, including providing accurate identity, tax, and banking information. The Platform is not responsible for payout failures resulting from the Seller’s Stripe account being restricted, suspended, or containing incorrect information.
Sales Tax. Performing Arts Marketplace, LLC acts as the merchant of record for sales tax purposes on transactions completed through the Platform. Where required by applicable state law, the Platform automatically calculates, collects, and remits sales tax on a Buyer’s purchase at checkout, using a third-party tax calculation service. Any applicable sales tax is shown as a separate line item at checkout in addition to the item price. Buyers who qualify for a sales tax exemption (for example, certain tax-exempt organizations) may submit a valid exemption certificate through their account settings; approved exemptions apply automatically to future purchases. Sellers are not responsible for collecting or remitting sales tax on transactions completed through the Platform.
Income and Other Taxes. Sellers remain solely responsible for determining and fulfilling any other applicable tax obligations arising from sales made through the Platform, including but not limited to federal and state income taxes. Sellers may receive an IRS Form 1099-K from Stripe if their transactions meet the applicable reporting threshold.
All transactions on the Platform are denominated in U.S. dollars. The Platform does not support foreign currency transactions.
The Seller is solely responsible for packaging, insuring (if desired), and shipping the sold item to the Buyer’s address provided at checkout. The Platform does not arrange, insure, or guarantee shipping. Risk of loss or damage to the item during transit is the Seller’s responsibility until the carrier confirms delivery to the Buyer.
Sellers are expected to ship sold items promptly following payment confirmation. “Ship” means physically delivering the packaged item to a carrier (USPS, UPS, FedEx, or comparable) and obtaining a valid tracking number.
The Platform sends Sellers automated reminders if an item remains unshipped after 5 and 10 days from payment, and may flag the Seller’s account for review after 14 days. If a Seller fails to ship an item within a reasonable time following payment, the Platform may, at its sole discretion, investigate the matter, cancel the transaction and issue a refund to the Buyer, and/or suspend or restrict the Seller’s account, consistent with the process described in Section 9. The Platform Fee is not refunded to the Seller in connection with any such cancellation.
Sellers shall enter a valid carrier tracking number and select the carrier through the Platform’s dashboard before marking an order as shipped. If an Order is marked as shipped without a valid tracking number, then the Order may be reversed. Providing a false tracking number is grounds for immediate account suspension.
Sellers shall communicate proactively and in good faith with Buyers throughout the transaction. Specifically, Sellers shall:
Sellers who repeatedly fail to communicate adequately with Buyers or provide false information during a transaction may have their accounts suspended or terminated.
Seller shall accurately estimate and account for shipping costs when setting the listing price unless the listing explicitly states an additional shipping cost in compliance with Platform Guidelines.
The Platform currently supports domestic U.S. shipments only. Sellers may not list items with the intent to ship internationally, and Buyers must have a valid U.S. shipping address to complete a purchase.
If an item is lost or significantly damaged in transit, then Seller and Buyer shall first attempt to resolve the issue directly with each other using the contact information exchanged at the time of sale. If the Seller purchased shipping insurance, then Seller shall file all claims with the carrier or insurer. Performing Arts Marketplace, LLC, may, at its sole discretion, facilitate communication or provide limited assistance in resolving shipping disputes, but is not liable for carrier errors, delays, or losses.
A Buyer may cancel a purchase only before completing checkout and payment. Because payment is captured immediately at checkout (see Section 6.2), a Buyer cannot cancel a purchase, and no refund is available, once payment has been completed, except as provided in Section 8.3 (Item Significantly Not as Described) or at the Platform’s sole discretion.
Sellers should only list items they are prepared to sell and ship immediately upon purchase. If a Seller must cancel a confirmed order (e.g., item is lost or no longer available), then Seller shall cancel through the Platform dashboard before shipping. Sellers shall not cancel orders simply because they received a better offer elsewhere or changed their mind. Repeated Seller-initiated cancellations may result in account restrictions or suspension.
The Platform Fee is non-refundable to the Seller in cases where the Seller cancels a confirmed order. Additionally, Seller shall fully refund the Buyer in those cases.
If a Buyer receives an item that is materially different from what was described in the listing (e.g., wrong model, undisclosed major damage, or a counterfeit item), then Buyer shall notify the Platform within 3 days of confirmed delivery by contacting PAM support as described in Section 9. The Platform will investigate the listing and, if the Seller’s listing is found to have materially misrepresented the item, then the Platform may require the Seller to issue a full refund upon return of the item.
Except as required by law or as provided in Section 8.3, all sales on the Platform are final. The Platform does not support general returns or buyer’s-remorse refunds. Buyers are encouraged to thoroughly review all listing photos, descriptions, and seller ratings before completing a purchase.
In the event of a dispute between a Buyer and Seller, both parties shall first attempt to resolve the matter directly with each other. If direct resolution fails, either party may raise the issue with PAM by contacting support@performingartsmarketplace.com within 30 days of the transaction giving rise to the dispute.
Performing Arts Marketplace will review the dispute, including listing content, photos, messages, and shipping records, and may request additional information from both parties. The Platform’s determination regarding disputes is final and binding. The Platform may, in its sole discretion, issue refunds, restrict listings, or suspend accounts as a resolution outcome.
The Platform is not obligated to mediate a dispute or guarantee a particular outcome.
Nothing in this section limits either party’s right to pursue legal remedies available under applicable law.
In addition to the off-platform transaction prohibition in Section 4.3, users shall not:
Violation of this section may result in immediate account termination and, where appropriate, referral to law enforcement authorities.
The Platform and all content, design, software, trademarks, and logos associated with it are the property of Performing Arts Marketplace, LLC and are protected by applicable intellectual property laws. Nothing in these Terms grants you a license to use our intellectual property for any purpose other than using the Platform as intended.
By posting photos, descriptions, or other content on the Platform, you grant us a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content solely for the purpose of operating and promoting the Platform.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference. We collect and use your personal information (including your shipping address) as described in the Privacy Policy. Shipping addresses are only shared with the counterparty to a transaction to the extent necessary to fulfill that transaction and are never publicly displayed.
Performing Arts Marketplace is a marketplace that connects independent Buyers and Sellers. We do not own, inspect, verify, or guarantee any item listed for sale. We make no representations or warranties about the quality, safety, legality, or accuracy of any listing. Transactions are between Buyers and Sellers directly; the Platform is not a party to any purchase agreement.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERFORMING ARTS MARKETPLACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL FEES PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Performing Arts Marketplace and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) any item you list or sell; (d) your violation of any third-party rights; or (e) any dispute between you and another user.
We may suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason at our sole discretion. If your account is terminated, any active listings will be deactivated and any pending transactions will be handled according to our refund and cancellation policies.
You may close your account at any time by contacting us at support@performingartsmarketplace.com. Account closure does not affect obligations arising from transactions completed prior to closure.
Sections of these Terms that by their nature should survive termination — including Sections 4.3 (Marketplace Exclusivity), 6.5 (Taxes), 11 (Intellectual Property), 13 (Disclaimers and Limitation of Liability), 14 (Termination), and 15 (Governing Law) — shall survive termination.
These Terms and any dispute arising out of or related to them or the Platform shall be governed by the laws of the State of Indiana, without regard to its conflict-of-law provisions.
Any dispute that cannot be resolved through the process described in Section 9 shall be submitted to binding individual arbitration administered by an arbitration body such as JAMS or AAA under its applicable rules. You and the Platform waive any right to a jury trial and to participate in a class action, class arbitration, or representative action.
Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
Questions about these Terms should be directed to: support@performingartsmarketplace.com
