The listia.com web site, apps, features, and all site-related services (collectively, the "Service") comprise an online information
service provided by Listia Inc. ("Listia", "Company", "us", "we", "our"),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW ("Terms of Use", "Terms" or "Terms of Service"). IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE. Listia MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SERVICE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Service are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Listia, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Service solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to
Listia a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, read, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public or private areas of the Service (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to Listia by all
means and in any media now known or hereafter developed. You also
grant to Listia the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Listia for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Listia.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Service are the exclusive trademarks or servicemarks of
Listia. Other product and company names
mentioned in the Service may be the trademarks of their respective
owners.
2. Use of the Service.
By joining the Service, you become a member of a marketplace and community for listing and exchanging free items. The Service includes a component of virtual tokens (credits, Ink, XNK, points, store credit), referred to in this Agreement as "Credits", each of which constitutes a limited license permission to use features of the Service as set forth below. Each member lists auctions or listings for items he or she is willing to give away for free. Upon signup, you may receive a certain number of free Credits for bidding in the marketplace (limit one set of free Credits per user). For each item that you give away, you can earn a certain number of Credits based on the outcome of the auction or listing. With your Credits, you can bid on auctions or win listings in the marketplace from other members, who will either arrange for a local pickup or ship them to you at either your expense or theirs.
"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account name you have selected for accessing the Service.
Use of the Service ofor any purpose that is unlawful or prohibited by the Terms of Use is prohibited.
When other members win auctions or listings that you listed, their Credits are automatically transferred to your Account or held in "pending" status by Listia until items are delivered.
You agree not to post content or listings in an inappropriate category or areas of the Service.
You agree not to violate any laws, third party rights or our policies.
You agree to deliver items won from you, unless the winner fails to meet the terms in your listing or you cannot authenticate the buyer's identity.
You agree not to manipulate the price or interfere with any listings.
You agree not to post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
You agree not to promote your referral links or the Service using SPAM or deceptive tactics.
You agree not to solicit offline transactions or exchange any items directly for cash.
You agree not to distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
You agree not to collect information about users, including email addresses, names, listings, etc. without their consent.
At present, Service membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.
If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the web site, apps or through the Service.
You understand that, except for information, products or services
clearly identified as being supplied by Listia,
Listia does not operate, control or endorse any information, products or
services on the Internet in any way. Except for
Listia-identified information, products or services, all information,
products and services offered through the Service or on the Internet
generally are offered by third parties, that are not affiliated with
Listia. You also understand that
Listia cannot and
does not guarantee or warrant that files available for downloading
through the Service will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Service for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SERVICE AND THE INTERNET. Listia PROVIDES THE SERVICE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Listia SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Listia DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Listia HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Listia BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Listia OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Listia LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Listia makes no representations whatsoever about any other
web site or app which you may access through this one or which may link to
this Service. When you access a non-Listia web site or app, please
understand that it is independent from Listia, and that
Listia has no control over the content on that web site or app. In
addition, a link to a Listia web site or app does not mean that
Listia endorses or accepts any responsibility for the content,
or the use, of such web site or app.
3. Membership Eligibility
This Service may be used only by persons 18 years of age or older. Listia makes no representations whatsoever regarding the suitability of any items exchanged through this Service.
One Account per Person, Maximum of Four Accounts per Address or Household
No individual is permitted to have more than one single Account at any time. No more than one Account is permitted per computer. No more than four Accounts are permitted per address or household.
Registration in Own Name
Accounts may be registered only by the individual seeking membership. Registration of Accounts in a name other than the registrant's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Listia prosecutes fraud to the fullest extent of the law.
Transferability
Your Account is not transferable outside of legitimate transactions on Listia.
4. Exchanged Material
By using this Service, you agree to participate in the free exchange of personal property.
Listing or Posting
By listing or posting items to give away, you aver that you have the unrestricted right to transfer ownership of the items. The posting or listing of items without the intention of giving them away is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law.
Intellectual property
You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.
Sexually explicit, pornographic, or obscene material
You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature.
Items in violation of law
You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
No Service Review
You understand that Listia cannot review items posted to the Service. You agree to assume full responsibility for any items posted to your Account and bid on by you. You agree to indemnify and hold Listia harmless for any violations of law or regulation that arise in connection with the posting to your Account of items resulting in civil or criminal liability.
Ownership Transfer
By giving away or shipping an item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items given away through this service become the sole property of the recipient with no obligation to re-list the item.
5. Shipping and Pickups
You agree to respond to all valid requests to ship or pickup items from ended listings in a timely manner. Failure to promptly arrange for shipping or pickup of items may result in a forfeiture of Credits. You agree to work out shipping expenses with the auction winner outside of the Service. Listia is not responsible for any lost shipping expenses and cannot refund or help recover shipping expenses for any reason, including lost or stolen items, damaged items or non-shipment.
Lost or Damaged Items
Listia is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between members regarding the shipment or condition of an item, Listia will attempt to mediate the dispute and may, in its sole discretion, grant or deduct Credits to members who have shipping or condition problems. Listia's mediation is final and binding to all involved parties.
Members making inappropriate reports of damaged or lost items may be subject to Credit forfeiture and/or Account suspension, in the sole discretion of the Service.
6. Credit Accounts And Licensing
Listia may charge fees to acquire or use Credits from time to time, and these fees may change at any time. Credits are purchased or distributed at Listia's discretion and are not redeemable for monetary value from Listia.
When you receive a Credit, Listia hereby grants you a limited license ("Credit License") to use the Credit as a virtual token to be held, bartered, traded and/or transferred on the Service with other users (and/or Listia), in exchange for permission to access and use content, applications, services, and various user-listed items, in accordance with these Terms of Service. The Credit License is transferable by the holder to any other user, provided that both users comply with these Terms of Service and maintain their Accounts in good standing. Except as expressly permitted by this Agreement or otherwise expressly permitted by Listia, the Credit License may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. Listia may revoke the Credit License at any time without notice, refund or compensation in the event that: (i) the Credit program is suspended or terminated; (ii) Listia determines that the Account holder has committed fraud or other illegal conduct; (iii) Listia imposes an expiration date on usage of Credits in compliance with applicable laws and regulations; (iv) the holder's Account is terminated for violation of these Terms of Service; or (v) the holder ceases to maintain an active Account or terminates this Agreement.
You acknowledge that Credits are not real or virtual currency or any type of financial instrument and are not redeemable for any sum of money from Listia at any time. You agree that Listia has the right to manage, regulate, control, and/or modify the license rights underlying such Credits as it sees fit and that Listia will have no liability to you based on its exercise of this right. Listia makes no guarantee as to the nature, quality or value of the features of the Service that will be accessible through the use of Credits, or the availability or supply of Credits. Listia may modify, revalue, or make the Credits and Services more or less common, valuable, effective, or functional.
When you win a listing, your winning bid amount in Credits will be subtracted from your Account. When another user wins your listing, you get the winning bid amount in Credits added to your Account, less any stated transaction fees. Credits may also be purchased for a fee from Listia. Credits may be held by Listia in a pending state or in escrow while both parties confirm that the items in the listing have been delivered and received.
You acknowledge that except as set forth in this Agreement, purchases of Credits or other goods, content and features of the Service are final, non-refundable, have no monetary value (i.e. are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use, even if they come with a durational term (e.g. a monthly subscription). Notwithstanding any agreement by Listia to provide a discretionary pro-rata refund or credit in certain circumstances, you have no property, proprietary, intellectual property, ownership, economic, or monetary interest in your Account, Credits, content or subscriptions, which remain the exclusive property of Listia.
Dormant Accounts
An Account may be deemed "dormant" when no items have been listed or bids placed within any 1 year period. Dormant Accounts may be closed and any accumulated Credits forfeited without compensation to the Account holder.
7. Indemnification.
You agree to indemnify, defend and hold harmless Listia, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
8. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 8
(Indemnification) are for the benefit of Listia and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
9.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service),8
(Indemnification), 9 (Third Party Rights) and 11 (Miscellaneous) shall
survive any termination of this Agreement.
10. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of United States of America applicable to agreements
made and to be performed in United States of America. You agree that any legal
action or proceeding between Listia and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Listia's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. Listia may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.