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PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY SV I LLC (d/b/a – SELLBUDDY) (“SELLBUDDY”). THIS AGREEMENT SETS FORTH THE BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.SELLBUDDY.COM(THE "SITE") AND ALL SERVICES PROVIDED THERETO.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. You may direct all questions to firstname.lastname@example.org or may visit our Forum and Help pages .
1. SellBuddy is a Facilitator
SellBuddy is a facilitator and a destination that lets users offer, sell and buy certain goods from third-party sellers. Because SellBuddy is not directly involved in the transaction it does not have control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. SellBuddy does not pre-screen users or the content or information provided by users. SellBuddy does not ensure that a buyer or seller will actually complete a transaction and therefore SellBuddy has nothing to do with the transferring of ownership, legal or otherwise, from vendor to customer. However, once buyer has paid for a product, SellBuddy’s policies state that the seller must ship the products as further outlined in Paragraph 4 below.
SellBuddy does not make any representations and cannot be certain of the age, country of original or the actual identity of a buyer or seller or visitor. SellBuddy facilitates direct contact between buyers and sellers and encourages all users to communicate directly as necessary. Additionally there are risks of fraud involved with transacting all business but this is heightened in certain foreign countries and territories and we advise you to exercise common sense in doing business with foreign sellers and buyers. It’s the Internet – people lie and defraud. Be careful.
You agree that SellBuddy is merely a facilitator and destination and as such is not responsible or liable for any content, items listed for sale or anything of any nature posted by you, other users, or outside parties on SellBuddy (the “Content”).
You use the SellBuddy service at your own risk.
2. Membership Eligibility
Age: SellBuddy's services are available only to, and may only be used by, individuals who are 18 years and have the legal ability to enter into a binding agreement. By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. While we ask you not to lie, you will be tempted to lie anyway if you are under 18. Please don’t. get your mother (or father) to help you or don’t use the service – you’re not allowed. SellBuddy may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Local Laws, Taxes and Regulations: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. That means you pay them – we don’t. And, it is always a good idea to pay your taxes.
Account Information: You must keep your account information secure and up-to-date. In order to sell and buy items through SellBuddy, you must maintain and valid PayPal account and keep that information up to date and valid. You must take measures to keep your password secure and bear the liability of all damages that result from you not doing so. You will notify SellBuddy immediately upon an security breach to you account or your password and take all measures necessary to rectify such breach. You may not transfer your account to anyone and SellBuddy maintains the right to close your account with to without cause at any time for any reason. In the event SellBuddy cancels or closes your account, it will reimburse you the pro-rata portion of your membership fee not yet used.
3. Fees and Billing
See SellBuddy’s Fee Schedule here .
4. Selling Items Using SellBuddy Ads
By creating an ad for your item using the SellBuddy tool, you warrant that you are complying with our policies and that you have the legal right to sell the item and that you are not infringing on any third-party right.
Clear Policy Description: All sellers using the SellBuddy service to generate Ads should clearly outline their own policies and procedures related to payment, lead time, shipping, returns, refunds, damaged goods, etc. A seller’s policies must be reasonable and within the parameters of industry standards. A seller’s policies may not be in conflict with SellBuddy’s policies. You must clearly indicate the price and all fees, including shipping, you will charge the buyer in communication with that buyer. Once a sale is complete is binding upon the seller and the seller must ship the product within the terms of their stated policies.
5. Restricted Activities
Your Content and your use of SellBuddy shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent
3. Involve the sale of illegal, counterfeit or stolen items
4. Infringe upon any third-party's intellectual property rights of any kind and in any way
5. Violate this Agreement or any applicaple law or regulation
6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing
8. Misrepresent you or your relationship to or with any third party
9. Be obscene or contain child pornography
10. Host images not related to the product being offered for sale in the ad
11. Intentionally or unintentionally create any harm to SellBuddy or the Site or service
12. Contain any code that may damage SellBuddy or any site on which a SellBuddy ad appears
Inconsequential Disclosures: Any unsolicited suggestions, ideas, proposals or other material you may submit or post during your interaction with other users or through your use of the Site are considered the property of SellBuddy and there is a high likely the idea is not original. Got it? That means don’t sue us if you thought you came up with the idea for email and we use email to communicate with you. Or any other idea that you think is yours for that matter.
7. Content Disclaimer:
SellBuddy does not control the Content provided by users that is made available on SellBuddy. If you find it offensive, there is nothing we can do about that if it complies with our policies. Take it up with them.
Other Resources: SellBuddy is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SellBuddy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SellBuddy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Meeting up with Users
Here is a good rule of thumb when dealing with people on the Internet – don’t meet up with them in person. If you do meet up with them, be smart. Don’t go alone, let other know where you are, etc. – common sense kind of stuff. However, if you choose to not follow our advice not to meet up with people you meet online and you happen to meet up with a SellBuddy user, that is your responsibility. We have nothing to do with it and think it is a bad idea. You are solely responsible for your interactions with other people.
If you arrange any sorts of online or group meetings, that is also up to you so don’t look to us if it all goes horribly wrong.
9. Jurisdiction Over Disputes
In the event a dispute arises between you and SellBuddy, please contact SellBuddy. Notwithstanding the foregoing, if there is a dispute it will be settled in the Southern District of the State of New York and you agree to that jurisdiction. The prevailing party shall be entitled to its full legal fees.
Should you have a dispute with one or more users, or an outside party, you release SellBuddy (and SellBuddy's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. SellBuddy encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
10. SellBuddy's Intellectual Property
SELLBUDDY, and other SellBuddy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SellBuddy, Inc. in the U.S. and/or other countries. SellBuddy's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Data Tools
13. No Warranty
SELLBUDDY, SELLBUDDY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SELLBUDDY'S SUPPLIERS PROVIDE SELLBUDDY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SELLBUDDY, SELLBUDDY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SELLBUDDY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SELLBUDDY SHALL CREATE ANY WARRANTY. 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 THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL SELLBUDDY, AND (AS APPLICABLE) SELLBUDDY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SELLBUDDY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, SELLBUDDY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SELLBUDDY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SELLBUDDY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SELLBUDDY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD SELLBUDDY AND (AS APPLICABLE) SELLBUDDY'S PARENT, 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.
16. No Guarantee
SellBuddy does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SellBuddy's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. Independent Contractors
You and SellBuddy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. SellBuddy Service
SellBuddy reserves the right to modify or terminate the SellBuddy service for any reason, without notice, at any time. SellBuddy reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently.
20. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Any notices shall be given by postal mail, certified, return receipt requested to SellBuddy; 15 Gramercy Park South; NY, NY 31401 (in the case of SellBuddy) or, in your case, to the email address you provide to SellBuddy (either during the registration process or when your email address changes). Notice shall be deemed given 3 days after it is sent in the case of the postal service and 24 hours in the case of email unless the sending party is notified that the email address is invalid. Alternatively, SellBuddy may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SellBuddy. In such case, notice shall be deemed given three days after the date of mailing.
I LLC ("SELLBUDDY") doing business at www.sellbuddy.com
users and guests and respects your
concerns about online security and privacy. We believe in providing you with a
safe and secure venue while using the services we offer. Our Privacy and
Security Policy is intended to protect your privacy and ensure that your personal
information is handled in a safe and responsible manner. By using our website,
you consent to the collection and use of your personal information. In addition
to reviewing our Privacy and Security Policy, you should also read our Terms of Service
. Your use of www.sellbuddy.com constitutes your agreement to its terms
Our Privacy and Security Policy Will
Change Over Time
we continue to develop www.sellbuddy.com and take advantage of technologies to
improve the services we provide our users, our policies will change over time.
We encourage you to refer to this Privacy and Security Policy from time to time
registered member of www.sellbuddy.com, we may notify you by e-mail of material
changes to our Privacy and Security Policy using the most current e-mail
address that you have provided to us. Your continued access and use of
www.sellbuddy.com will constitute your acceptance of any changes or revisions
to our Privacy and Security Policy.
Summary of Our Privacy and Security
Privacy and Security Policy explains and summarizes how we collect, use, and
protect your personal information as you use our site and services and through
our customer and technical support. This Privacy and Security Policy explains:
Type of Information www.sellbuddy.com Collects About You
- What information
SELLBUDDY gathers from users of www.sellbuddy.com.
- How SELLBUDDY uses the
personal information that you share with us and that we learn about you because
of our relationship.
- How SELLBUDDY uses
"cookies" and "IP Addresses."
- What personal
information, if any, SELLBUDDY may share about you with others and the
conditions that protect your information if it is or must be shared.
- What kind of security
measures SELLBUDDY takes to protect your information from loss or disclosure
and how SELLBUDDY will inform you in the event of a security breach.
- The circumstances under
which you can access your personal information you have shared with SELLBUDDY
and have that information corrected, restrict SELLBUDDY's use of that
information, and even have it removed from our records.
- Other things you should
know about privacy and SELLBUDDY.
collects information that you provide to us or that we learn about you from
your use of www.sellbuddy.com. We receive and store information you enter on
www.sellbuddy.com or give to us in any other way. For example, you may provide
information to www.sellbuddy.com when you register, sign-in, search, participate
in a poll or survey, request our e-mail newsletters, or communicate with
SELLBUDDY's customer service. As a result of those actions, you might
supply us with such information as your name, address, phone number, e-mail
address, likes, dislikes and other preferences (although, currently, most of
this information is not required to use our site). We also automatically
receive and store certain types of information whenever you visit
www.sellbuddy.com. We might also receive information about you from other
sources, such as in providing you special offers that we think will be of
interest, and we may add that information to our account information for you.
How SELLBUDDY Uses Information About You
use information we have collected about you to provide you with the most
fulfilling experience when visiting our site or using our services. We do
not sell your personal information to third parties for any reason. We do
not disclose your personal information to unaffiliated third parties who may
want to offer you their own products and services unless you have requested or
authorized us to do so.
may share your personal information with third parties or affiliates of
SELLBUDDY where it is necessary for us to complete a transaction or do
something you have asked us to do.
may share your personal information to third parties or affiliates of SELLBUDDY
with whom we have contracted to perform services on our behalf. All companies
that act on our behalf are contractually obligated to keep the personal information
we provide to them confidential and to use the personal information we share
only to provide the services we ask them to perform.
may disclose personal information about our customers as permitted or required
by law, such as in connection with a subpoena or similar legal process, or in
connection with a merger, acquisition, or bankruptcy, as discussed further
try to provide you with the information you need to make informed and
reasonable choices with respect to how www.sellbuddy.com uses or shares your
information. SELLBUDDY collects and uses personal information from you in
Our Security Practices
- Website Usage. SELLBUDDY or
SELLBUDDY's authorized service providers may observe activities, preferences,
and transactional data (such as your IP address, browser type, and operating
system) relating to your use of www.sellbuddy.com. We may use this collected or
logged information in order to provide better service, to facilitate our users
use of the website, to track usage of the website, and to address security
hazards. SELLBUDDY, or one of SELLBUDDY's authorized service providers, may use
this information to track aggregate traffic patterns throughout
www.sellbuddy.com. We may use aggregated, statistical information to describe
our audience, products and services, and to develop partnerships with third
parties to offer products and services in which we believe our users will be
- Site Interactions. We collect information
about you when you use our website. You may visit our site without registering,
but if you wish to use certain special features offered on our site, you will
need to provide us with certain information, including your name, address, and
e-mail address, to register with us. We will assist you in creating a user ID
and a password to protect your account information.
- Forums, Comment Boards,
Video Uploads. Any information disclosed in public areas of www.sellbuddy.com
is public information that may be viewed and collected by any party. We cannot
control the use of information disclosed in the social networking, comment
boards, profile pages or other public portions of our site. You should exercise
caution when disclosing information, including photos or images, in these
public areas and should refrain from disclosing personally identifying
information. If you wish to use some of the public portions on our site, we
will direct you to first create a public ID before you can post information to
our site. SELLBUDDY reserves the right, in its sole discretion, to remove any
information at any time from our site that we deem inappropriate, objectionable
or for any other reason.
internal data security policies restrict access to users' personal information
to authorized employees. Authorized employees may use our users' personal
information for SELLBUDDY business purposes only. Our employees are bound by
SELLBUDDY policies that require them to maintain the confidentiality of our
users' personal information. Employees who violate these requirements are
subject to disciplinary action, up to and including termination.
maintain physical, electronic, and procedural safeguards that are designed to
guard our customers' personal information. For example, for the security of
your online visit to www.sellbuddy.com, we may make use of firewall barriers,
encryption techniques, and/or authentication procedures. Unfortunately, no data
transmission over the Internet can be guaranteed to be absolutely secure. As a
result, while we strive to protect your personal information, SELLBUDDY cannot
ensure or warrant the security of any information you transmit to us, and you
do so at your own risk. In the event of a breach of the confidentiality or
security of your personal information, we will notify you as necessary so you
can take appropriate protective steps. Unless you indicate otherwise, we may
notify you under such circumstances using the e-mail address you provided to us
when you registered with www.sellbuddy.com.
Are Cookies and How Does www.sellbuddy.com Use Them?
may use "cookies" to collect or log certain information. A cookie is
a small piece of information that a website stores on a personal computer and
purposes-for example, to store our users' preferences or to store a password so
that you do not have to input it every time you visit our website. The cookies
will not contain information that will enable anyone to contact our users via
telephone, e-mail, or any other means. If our users are uncomfortable with the
Certain of our services, however, could be dependent on cookies, and our users
may disable those services by refusing cookies.
note that the advertising networks that may serve ads on www.sellbuddy.com may
also use their own cookies. SELLBUDDY does not control these cookies or the
data collection practices of these companies. For more information about these
companies' separate privacy policies, you should contact the advertising
network directly. For more information on the privacy policies of our
advertisers, see below.
Privacy Policies Cover the Ads on www.sellbuddy.com?
may use third-party advertising companies to serve ads on www.sellbuddy.com.
These companies may employ cookies and action tags (also known as single-pixel
GIFs or Web beacons) to measure advertising effectiveness. Any information that
these third parties collect via cookies and action tags is not connected to
personally identifiable information, such as your name and e-mail address.
to Third-Party Sites and Websites Containing www.sellbuddy.com Branding
may contain links to third-party sites. Please be aware, however, that
SELLBUDDY is not responsible for and cannot control the privacy policies of
these other sites or their practices. We encourage you to read the privacy
policies for these other sites, as they may differ from ours.
website may also contain links to sites that display www.sellbuddy.com branding
and/or SELLBUDDY's logo but which are maintained by third parties. Such
websites may be identified in that they do not display a "www.sellbuddy.com"
practices relating to personal information collected via those sites because
they may differ from www.sellbuddy.com's privacy practices. This Privacy and
Security Policy applies solely to personal information collected by SELLBUDDY
Preferences and Accessing Your Personal Information
have choices when it comes to how SELLBUDDY uses your personal information.
When you register online with www.sellbuddy.com, you can choose not to receive
information about our services, content and or special promotional items from
us by direct mail and/or e-mail. If you elect not to receive such information
by direct mail or e-mail, SELLBUDDY may continue to contact you as necessary to
service your account. You can change your contact preferences at any time by
following the instructions for "My Account” on www.sellbuddy.com.
your account information accurate and up-to-date is very important, so we can
provide you with excellent service. If your account information is incomplete,
inaccurate, or not current, please follow the instructions for “My Account” on
www.sellbuddy.com to correct your account information online.
you need additional assistance, please contact SELLBUDDY customer service at www.sellbuddy.com/help.
Privacy and Security Policy Applies to all Users
is hosted in the United States and is intended for visitors from most countries
This Privacy and Security Policy applies to user relationships
established throughout the world.
Like almost every website, www.sellbuddy.com
may be accessed by an international audience and by visiting our website and
providing us with data, you acknowledge and agree that your personal
information may be processed for the purposes identified in this Privacy and
Security Policy. In addition, such data may be stored on servers located
outside your resident jurisdiction, which may have less stringent privacy
practices than your own. By providing us with your data, you consent to
transfer of such data.
Mergers, Acquisitions, and Bankruptcy
SELLBUDDY should ever file for bankruptcy or merge with another company, or if
SELLBUDDY should decide to buy another business or sell or reorganize part or
all of SELLBUDDY's business, SELLBUDDY may be required to disclose your
personal information to prospective or actual purchasers and other parties. It
is SELLBUDDY's practice to obtain appropriate protections for information
disclosed in these types of transactions. SELLBUDDY cannot, however, guarantee
that SELLBUDDY's Privacy and Security Policy will remain unchanged if SELLBUDDY
is sold or merges with another company.
Is Not for Use by Children under the age of 18.
are not eligible to use www.sellbuddy.com. We ask that minors (under the age of
18) only use www.sellbuddy.com in conjunction with your parents or guardians.
Children under 18 should not send any information about themselves to
SELLBUDDY. If a child under 18 submits information through any part of
www.sellbuddy.com, and SELLBUDDY becomes aware that the person submitting the
information is a child, we will attempt to delete this information as soon as
possible. Because we do not knowingly collect any personal information about
children under 18, we do not use or disclose such information to third parties.
Else Should I Know About My Privacy?
should be careful to maintain the secrecy of your passwords and/or account
information and be responsible about protecting your personal information and
identity whenever you are online.
and www.sellbuddy.com and all related trade
dress are trademarks and the intellectual property of SV I LLC, a Georgia
limited liability company. All inquiries regarding SellBuddy and its Privacy
Policy should be sent to 15 Gramercy Park South, NY, NY 10003.