GentlyUsedStuff.com offers you access to our services by agreeing to the following description of all the terms. Introduction Welcome to GentlyUsedStuff. By using the services on the GentlyUsedStuff websites (GentlyUsedStuff.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with GentlyUsedStuff.com and the general principles for the websites of our subsidiaries and affiliates. Before you may become a member of GentlyUsedStuff, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. By accepting this User Agreement, you also agree that the agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each site. This Agreement is effective on Feburary 18, 2009, for current users, and upon acceptance for new users. Using GentlyUsedStuff While using GentlyUsedStuff, you will not: post content or items in an inappropriate category or areas on our site violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies. use our site or service if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. manipulate the price of any item or interfere with other user's listings. circumvent or manipulate our fee structure, the billing process, or fees owed to GentlyUsedStuff. post false, inaccurate, misleading, defamatory, or libelous content (including personal information). take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the site or using it for purposes unrelated to GentlyUsedStuff) transfer your GentlyUsedStuff account (including feedback) and User ID to another party without our consent. distribute or post spam, chain letters, or pyramid schemes. distribute viruses or any other technologies that may harm GentlyUsedStuff, or the interests or property of GentlyUsedStuff users. copy, modify, or distribute content from the Site. circumvent the site e-mail member messaging system though the use of a personel or business e-mail account. circumvent the GentlyUsedStuff.com website by use of any and all links for your personel business, email, images or graphics that point to another website without the express consent of GentlyUsedStuff.com. If any member violates this rule they will be subject to immediate suspension without prior notice. include a personal or business e-mail as any part of the following: user name - member name - item title - store name - item description - classified ad. harvest or otherwise collect information about users, including email addresses, without their consent. Offer for sale any fake, mislabeled, and knock off merchandise as the genuine item without a public discloser of any and all transactions. Abusing GentlyUsedStuff GentlyUsedStuff and our GentlyUsedStuff Community work together to keep this site and services working properly and the Community safe. Please report any and all problems, offensive content, policy violations, and questionable activity to us. GentlyUsedStuff works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify GentlyUsedStuff and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. Fees and Services Joining GentlyUsedStuff and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the GentlyUsedStuff.com site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 90 days past due add interest and penalties as allowed by the laws of the United States of America, and deducting the amount owed from your PayPal account balance.) If you've sold an item but can't go through with the sale, you can cancel the transaction. Possible reasons for canceling the transaction are that the item is no longer available or in good condition, you sold it to someone else, or there's some other reason you can't complete the sale. When you the seller cancel a transaction, there’s no action against the seller or buyer. In the event your seller account is suspended for any reason, any amounts due on your seller account will immediately become due and payable. GentlyUsedStuff.com reserves the right to charge any amounts you have not previously disputed to the billing method that you are using. Your fees pay for the right to sell on GentlyUsedStuff.com. There are times when your listing may not immediately appear when using a keyword or category search until several hours after you have created it. Therefore, GentlyUsedStuff cannot guarantee exact listing durations. Sellers do not purchase exclusive rights to Web pages on GentlyUsedStuff. GentlyUsedStuff may, in our sole discretion, and without your consent or payment to you, place third-party advertisements on any Web page within our site. The fees apply to each listing you create. If you create identical listings -- listings with an identical title, listing format, and bidding activity -- only one will appear in search or browse results. Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate, up-to-date and do not include misleading information, fake merchandise, or knock off merchandise without clearly stating this in your advertisement. Failure to alert buyers of this type of handling will be the responsibility of the seller and GentlyUsedStuff.com will be held harmless from any and all claims arising from this fraudulent activity. No lawsuits of any nature will be brought against GentlyUsedStuff.com. The catalogs may include copyrighted, trademarked or other proprietary materials. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights. Liability You will not hold GentlyUsedStuff responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, this website is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. GentlyUsedStuff.com cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $1.00 max as with our hold harmless agreement between buyer, seller and all third party's. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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." Access and Interference The sites contains robot exclusion headers. Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to GentlyUsedStuff.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the site without the prior expressed written permission of GentlyUsedStuff and the appropriate third party, as applicable. interfere or attempt to interfere with the proper working of the site or any activities conducted on the sites. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the GentlyUsedStuff Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the GentlyUsedStuff Privacy Policy. Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 your violation of any law or the rights of a third party. No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served on GentlyUsedStuff agent (in the case of GentlyUsedStuff) or to the email address you provide to GentlyUsedStuff during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing. Resolution of Disputes If a dispute arises between you and GentlyUsedStuff.com we will act fairly with all parties. In the event litigation is found to be necessary GentlyUsedStuff.com will be liable for payment of $1.00 Max for any settlement from litigation and held harmless from any and all other means of litigation. Our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree to accept GentlyUsedStuff.com decision about all disputes and agree to what ever the settlement may be. After which time all litigation will cease. Additional Terms The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites: Any and all of these policies may be changed from time to time. Changes take effect when we post them on the GentlyUsedStuff.com website. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. General Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.