ReTune Nashville's Community Home

Date of Last Revision: March 25, 2010

Guide Policy

This guide policy is for the community at www.moontoast.com (the “Community”) which is operated by Moontoast, LLC (“we”, “our” or “us”). This guide policy governs your use of the Community as a “Guide.”

This guide policy is a supplement to (and is hereby incorporated by reference into) the Terms of Use, and capitalized terms used but not defined herein have the meanings given to them in the Terms of Use.

1. Fees

The Community allows you to offer Products (shippable items) or Services (documents or services) to Members at prices (including free) that you set. We (and our designated payment processor) will process any payments made by Members to you. You will pay us the fees described below.

Service Fees

For each Service you sell, you agree to pay us 25% of the total transaction amount (excluding any taxes) (the “Service Fee”).

Product Fees

For each Product you sell, you agree to pay us 25% of the total transaction amount (excluding any taxes or shipping fees) (the “Product Fee”).

Communication Fees

We will not charge you for the first 180 minutes in the aggregate that you use live communication features on the Network to provide Services each month. We will charge you $0.20 per minute or (portion thereof) thereafter.

Storage Fees

You may store up to an aggregate 1 gigabyte of Content on the Network for free. We may charge fees for additional storage space at our discretion. Before charging you additional fees, we will warn you that you are approaching the free storage limit and tell you the then-current rates for additional storage space.

Keyword Fees

You may purchase keywords related to your Products or Services in accordance with the Keyword Policy.

2. Canceled Transactions; Refunds

2.1 If any Service is canceled before or during the Service, or if any Member disputes a completed Service within the time frames in our Payment Policy, then we will refund to the Member all amounts paid by the Member and you agree to pay us a $0.50 refund fee. In any such event, no Service Fee will apply.

2.2 If you approve a refund of any amount to a Member before we have remitted the amount from that completed transaction to you (i.e. before we have sent you amounts earned for the calendar month in which that transaction was completed), then we will refund to the Member the amount you tell us and you agree to pay us a $2.50 refund fee. If the entire amount paid by the Member is to be refunded, then no Service Fee or Product Fee will apply. If less than the entire amount paid by the Member is to be refunded, then you will owe us the $2.50 refund fee plus the applicable Service Fee and Product Fee, but they will be calculated based upon the total transaction amount less any amounts refunded.

2.3 If you approve a refund of any amount to a Member after we have remitted the amount from that completed transaction to you (i.e. after we have sent you amounts earned for the calendar month in which that transaction was completed), then we will refund to the Member the amount you tell us and you agree to pay us a $2.50 refund fee plus the amount refunded. Regardless of whether the entire amount paid by the Member or some smaller amount is to be refunded, we will not refund to you any Service Fee from that completed transaction.

3. Billing

3.1 Within 30 days following the end of each calendar month (and typically within 5 to 7 business days), we will deduct our fees from your account and remit the balance in your account to you along with an itemized monthly statement, subject to the following: (a) if the balance in your account is less than $50, we may hold such payment until the amount due is equal to or exceeds $50; (b) we may send you the balance in your account via the postal service in a check drawn from a United States bank or via any other reasonable payment methods (e.g. PayPal, wire transfer); (c) your right to any payment due you is conditioned upon you promptly providing us with all information we require to properly make the payment (e.g. PayPal email for a PayPal account or a mailing address for receiving a check); (d) if you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this; (e) we will withhold payments to you of amounts paid by a Member that the Member has not yet approved (either by acceptance or by the passage of time, as provided in our Payment Policy); (f) we may withhold, in our discretion, payments to you of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member’s payment method issuer or if we reasonably believe that fraudulent activity may have occurred in connection with the payment; and (g) you are responsible for (and we may deduct from the balance in your account) any amounts charged back or reversed by the Member’s payment method issuer.

3.2 You must maintain a valid credit or debit card or PayPal account number on your account at all times that you are permitted to use, and you agree that we may collect and store it, along with other related transaction information. If there are insufficient funds in your account to cover any fees you owe to us, you agree that we may charge the entire amount you owe us to your chosen payment method. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 0.60% per month or the lawful maximum.

3.3 You acknowledge that our billing system is not error-free, and agree that we will not be liable for any problems, miscalculations or malfunctions in processing fees or other payments due to you. If we make an error on your monthly statement, we will correct it promptly after you tell us and we investigate the alleged error. You must tell us within 30 days after an error first appears on your monthly statement. You release us from all liability and claims of loss resulting from any error that you do not report to us within 30 days after the error first appears on your monthly statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time. If you are a California resident, you hereby waive the application of California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

3.4 It is your responsibility to maintain records and to remit any applicable taxes or tariffs that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.

4. Other

4.1 Except for payment, which is governed by our Payment Policy, your interactions with Members (including the terms, conditions, warranties or representations, if any) are solely between you and such Members. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with a Member. We reserve the right (but have no obligation) to become involved in any way with disputes between you and a Member.

4.2 We do not conduct any investigation whatsoever into any Member. The opinions and views expressed by a Member are those of the Member (not of us).

4.3 We require Members to agree to be bound by the Terms of Use, but we do not control Members and cannot dictate their actions. We have no control over and do not guarantee the ability of Members to purchase Products or Services. You should not provide any personally identifiable information to Members unless you know and are comfortable with the Member with whom you are interacting.

4.4 We reserve the right (but not the obligation) to reclassify something you list as a “Product” as a “Service” and vice versa, and to adjust fees billed to you accordingly.

4.5 The guide policy for the Community in place at the time you enter into a transaction will govern that transaction.

4.6 In the event of any conflict between this guide policy and the Terms of Use, this guide policy will prevail.