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This agreement helps keep myPlace4Sales a safe place to buy and sell, and promotes trust among our community members.
User Agreement
myPlace4Sales User Agreement Membership Eligibility myPlace4Sales offers services primarily to the general public. Fees and Services We do not require a fee for new user or buyers. The before mentioned can browse and utilize any of myPlace4Sales services free. But sellers must register to sell their used products or personal items. A fee is implemented only when sellers list a product or personal item on myPlace4Sales. However, we reserve the right to change our service fees and credit policies from time to time. Our service fees and credit policies can temporarily change due to certain special occasions. In the event that there are service fees or credit policies changes, members will be notified in advance of any such changes. Overview We provide a marketplace for sellers to list their products or personal items and buyers to buy those items. Therefore, we have no control over the quality, safety, or legality of the items advertised, the truth of accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Safe Trading Since it is difficult to authenticate all myPlace4Sales users on the Internet, we are unable to confirm each user's identity. However, myPlace4Sales designed a feedback system to help you evaluate with whom you are dealing. Release Business transactions are between buyers and sellers. In the event that you have a dispute with one or more users, you release myPlace4Sales (and our employees, agents, officers, subsidiaries, and directors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Information Control The information provided by other users which is made available through our system is not controlled by myPlace4Sales. Other user's information may be offensive, harmful, inaccurate, or deceptive. However, please use caution, common sense, and practice safe trading when using our site. Listing Description Listings that describe your item for sale (or as appropriate, for which are soliciting offers to buy) may include text descriptions, graphics and pictures you supply to our site (or that you link to from our site). Fraud myPlace4Sales may suspend or terminate your account, without limiting any other remedies, if you are found to have engaged in fraudulent activity in connection with our site. Your Information "Your Information" is defined as any information you provide to us or other users in the registration, in any public message area (including a Restaurant or the feedback area) or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information: Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for auction on a web site other than myPlace4Sales'; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items list. Solely to enable myPlace4Sales to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. myPlace4Sales will only use Your Information in accordance with our Privacy Policy. Access and Interference You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the myPlace4Sales site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to myPlace4Sales by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of myPlace4Sales or the appropriate third party. Feedback You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -4 (minus four), your membership will be automatically suspended, and you will be unable to list or bid. Breach Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us. No Warranty WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Liability Limit IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. Indemnity You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. No Agency You and myPlace4Sales are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
