TERMS OF SERVICE AGREEMENT
ANY USE OF A TOOL OR SERVICE THAT WE PROVIDE, OR REGISTERING TO BE A USER OF OUR SITE, CONSTITUTES YOUR EXPRESS AGREEMENT TO BE LEGALLY BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT (“AGREEMENT”) YOU WILL BE AGREEING THAT YOUR USAGE OF EACH AND EVERY TOOL AND SERVICE WE PROVIDE WILL BE IN STRICT ACCORDANCE TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT. ANY USAGE OF ANY TOOL AND/OR SERVICE THAT IS PROVIDED TO YOU BY OUR COMPANY IS ALSO YOUR EXPRESS INDICATION THAT YOU AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.
YOU EXPRESSLY STATE THROUGH YOUR ACCEPTANCE OF THIS AGREEMENT BY EITHER OF THE METHODS OF ACCEPTANCE OUTLINED ABOVE, OR BOTH, THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT AND THAT YOU HAVE NO PRESENT LEGAL REASON THAT YOU LACK THE ABILITY TO ENTER INTO A BINDING CONTRACT FOR ANY REASON OR LEGAL THEORY. IF YOU REPRESENT AN ENTITY, YOU WARRANT THAT YOU HAVE THE FULL AND UNLIMITED ABILITY TO LEGALLY BIND THE ENTITY YOU REPRESENT AND THAT YOU CAN AND DO BIND THAT LEGAL ENTITY TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT. YOU MAY NOT USE ANY TOOL OR SERVICE THAT IS PROVIDED TO YOU UNLESS YOU HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOU REPRESENT AN ENTITY, ON BEHALF OF THAT ENTITY.
Introduction to Jumblets.com:
We have designed Jumblets.com as a site that primarily focuses on the trading of goods between private parties. Users are provided the ability to create a “virtual market stall” that we deem a “jumblet.”
Our service is designed to promote the trading and selling of goods between friends and family via a social network concept. We provide various tools to promote social connections so that it is easier for users to spread the word between family members, friends and acquaintances about each user’s jumblet and related listings of goods and items offered. We offer various special advantages to users so that they can provide special features and offers to selected friends.
We are a marketplace only. We are not involved in or a party to any transaction. Users may review sellers. Users must register with their complete, true and actual full legal name. User names are selected by the user and may be changed by the user from the original default user name that we set.
We offer three different jumblet levels; Starter, Standard and Professional. The basic level Starter is completely free, but the other levels require payment. Please review (www.jumblets.com/Premium) for full details.
All payments must be issued through the payment processing service(s) that we make available. Available payment processing service providers are subject to change.
We do not accept commercial advertising.
1. General Terms
A. During the registration process you will be required to provide us with various identifying information as well as contact information. You agree to provide us with wholly complete and accurate information only. You also agree to update your information so that it remains complete and accurate at all times.
B. You agree to use each tool and service that we provide only for lawful purposes and that you will refrain from the violation of any civil, criminal and regulatory law in any jurisdiction, not just the jurisdiction in which you operate from, as provide for herein.
C. You will refrain from using any tool or service we provide upon our request. You will refrain from using any tool or service that we provide until and unless we approve your usage in advance and you will cooperate with any review, investigation or questioning we have that we find, in our sole discretion, to be reasonable to ensure that we have properly investigated your intended or current use of our tools and services.
E. Prohibited listings. You agree to adhere to our content policy, which you may review at http://www.jumblets.com/Page/ContentPolicy
F. You will refrain from, including regarding assisting any third party or entity, doing or attempting to do anything that would harm our business, data, software, hardware of our own company or belonging to any user. You will accordingly, refrain from attempting to modify, circumvent, disable, violate, or interfere with the security or integrity of any process, data, software, hardware, or aspect of our business, including our website, tools, services, domain name registration, or cause us any harm in any manner at all. You will not issue oral or written threats of any nature that are not issued as a demand letter by licensed legal counsel. Unless you are a recognized search engine, you will not spider our site. You may not scrape data to use for any purpose, other than if you are a recognize search engine. Accordingly, you may not “crawl,” “spider” or otherwise index or in any non-transitional manner store or cache data or information obtained from any part of our website or tools and services offered unless you are a recognized search engine. All recognized search engines must conduct their crawling only if done so in a manner that does not injure our website, content published on the website, and with complete, accurate contact information provided in the robot’s header. You agree to indemnify us from any losses caused by misfiring scripts or any other harm caused by your authorized crawling of your indexing robot. You may not violate the intellectual property rights of our company or those of any user through the use of any authorized crawl of our website.
G. You may not directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise to attempt to derive any source code, software, scripts, business methods, patentable subject matter, or algorithms, or any intellectual property not published openly by us to the general public, or any tool or service that we provide.
H. When you are connected to third party websites and applications through our Service, you agree that we do not control the content of such sites and that we merely provide a passive conduit to such sites. You agree that we do not endorse these third party sites and that we are not responsible or liable for their availability, content, advertising, products or privacy policies from such sites or other third party resources of any nature that we refer you to. You agree that you have the sole responsibility to research all aspects of such third party sites prior to your use of such sites.
I. You will not use our Service, or any individual tool or service that we provide, in any way that violates any criminal, civil or regulatory law in any way, in any jurisdiction, including any intellectual property rights, right of privacy or publicity, or violate any civil, criminal or regulatory law of any nature, in any jurisdiction.
J. You are solely responsible for any taxes, including withholding, filing, reporting, income taxes, payroll taxes and any other taxes, government tariffs and duties, arising from your applications and use of the services and tools that we provide.
K. You understand and agree that we do not guarantee that our tools, services and website will be available or free from errata or corruption on a twenty-four hour, seven day a week basis, or with a 100% degree of service reliability. We may suffer service outages, in whole or in part, from time to time. We are not responsible for the security or non-corruption of any data that is owned by you. We do promise to keep any errata and or downtime to a minimum. We are not responsible for any Act of God, insurrection, plague, civil unrest, revolution, incident of weather, strike, disruption, lack of Internet connectivity or other disruption in normal Internet services, denial of service attack, hacking, or any other act or event that is outside our control or otherwise caused by a third party.
L. You may not use our website if you are under the age of 13. Minors between the age of 13 and 18 may use the website under the guidance of their parent or guardian. Only those individuals who are at least 18 years of age and who are otherwise legally able to enter into a binding contract may enroll as a member of this site.
M. We may post rules, guidelines, and policies on our website, collectively referred to herein as “Rules.” You understand and agree that such rules are hereby incorporated by reference into this Agreement as if fully set forth herein and you will comply with such rules. Should we add to or otherwise alter or modify such Rules, the current version of such Rules are incorporated herein and you will comply with all such Rules without our having a requirement to modify the terms and conditions of this Agreement.
2. Account Security
A. You are solely responsible for the security of your account, user ID, and password. You agree to refrain from sharing your user ID and password with anyone. You agree to be the sole person or entity responsible for all usage of your account. You may never loan your account usage to any third person or entity. It is for your use alone. You will never use a third person’s account without our written permission. You will notify us immediately if any unauthorized use of your password or account or other breach of security has taken place. You are solely responsible for any harm that has taken place if you fail to promptly notice of us of any actual or suspected security issues affecting your account.
3. Licenses and Intellectual Property Rights
A. All trademarks, service marks, and intellectual property, including copyrights, published in our service and elsewhere are the sole intellectual property of their individual owners. You agree to refrain from any unauthorized usage of such intellectual property. You agree that authorization may take the form of a written authorization or license as issued to you by the respective owner. All rights to all intellectual property as published on our are reserved by the respective owners of such intellectual property rights and no further notice to you is required.
B. We acknowledge that we have no claim of any nature in intellectual property that you own or solely control.
C. As a condition for your use of our tools and services, you agree to provide and do provide us with a limited, free, revocable, royalty-free, non-exclusive, license to use your name, logo, title, trademark, service mark and other intellectual property for the sole purpose of providing service to you. You may withdraw from usage of our service at anytime, and this license will then lapse and be of no further legal effect.
4. User Generated Content and Submissions
A. You are solely responsible for the content that you submit for use on our Service including any promotions or advertising content. You warrant and promise that such Submissions will be wholly lawful in nature and will not be of a threatening, harmful, offensive, intolerant, defamatory, misleading, deceptive, obscene, indecent nature and will not violate any civil, criminal or regulatory law of any nature in any jurisdiction nor violate the privacy rights of any individual or entity.
B. You warrant and promise that you own or possess the legal right to submit and use any Submissions and such usage will not violate or infringe the rights of any third person or entity.
5. Commercial Restrictions
Jumblets.com is not designed to serve the needs of commercial online retail companies who are conducting the standard business of offering new, retail items for sale to the public. However, commercial companies are welcome to offer used office items, such as desks, chairs and fixtures, as well as new items that have been discontinued and are offered at wholesale prices or below. Further, commercial companies will adhere to any guidelines that we post on our site now or in the future. We also do not allow individuals to sell new, retail items either, unless they are items that were received as gifts that they cannot use or do not want, or something they have purchased new and no longer walk. In other words, individuals should not sell new items in bulk as a business model on our website.
6. Confidential Information and App Flood Data
You agree and acknowledge that Jumblets.com may retain and use for its own purposes all information and data you provide to us, including but not limited to demographics and contact and billing information. You agree that Jumblets.com may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Service and as necessary to provide services to you. Jumblets.com disclaims all responsibility, and will not be liable to you, and you agree to hold us harmless, for any disclosure of that information by any such third party.
B. You also acknowledge and agree that Jumblets.com Data shall remain the sole property of Jumblets.com and may not be copied or reproduced, altered, modified, changed, broadcast, distributed, transmitted, transferred, disseminated, sold or offered for sale, trade, or for no consideration at all, in any manner, at any time anywhere in the world, for any purpose, except as expressly authorized in writing by Jumblets.com. Nothing herein shall be construed as a license, grant or assignment to you or any third party of any right, title or interest in any Jumblets.com Data owned by Jumblets.com, including, without limitation, any of its trademarks, service marks, intellectual property of any nature, or any other property or rights.
A. This Agreement shall remain in full force and effect while you use our Service. All terms and conditions that would reasonably survive the termination of this Agreement shall so survive.
B. You may terminate your use of this Service at anytime, with or without notice to us, but you shall immediately stop using each and every tool and service that we provide at the time you elect to terminate this Agreement.
C. Should you terminate this Agreement, you must immediately follow any termination of Service instructions we have published on our website. You understand that closing your account with us may result in the irretrievable loss of your data and information related to your user account.
D. We may terminate your user account and your ability to access, duplicate, preserve, data or use our tools and services at any time, without no notice or explanation to you, for any reason we deem in our sole discretion to be appropriate, without having any duty to provide any explanation or justification to you, which may include the destruction of any statistics, data, or information (“user data”) otherwise reachable or used by you, without any compensation of any nature provided to you regarding any such loss. You agree to hold us harmless from any damages relating to such destruction of such user data.
8. Changes and Modifications to the Service and Website.
A. We reserve the right to modify, change or replace any of the conditions and terms of this Agreement with no prior notice to you. Your continued use of any tool or service that we provide is your express indication to us that you agree to be bound by each term and condition of any subsequent version of this Agreement. While we may provide you with notice of a new version of this Agreement, by either email or by posting a notice on our website, we have no duty to do so. Consequently, you agree to read this Agreement at least on a weekly basis. We shall post a notice at the top of this Agreement to disclose if the Agreement is a new edition.
B. If you do not wish to agree to the terms and conditions of any subsequent version of this Agreement, your sole remedy is to stop using our tools and services and close your membership account with us.
9. Legal Terms
A. THE TOOLS AND SERVICES THAT WE PROVIDE, INCLUDING ALL FUNCATIONALITIES AND INFORMATON OF ALL AND ANY NAURE, RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM OUR SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT, TOOL OR SERVICE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH CONTENT, TOOLS AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SHALL PRODUCE ANY PARTIUCULAR RESULT, PROFIT OR GAIN. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, TOOL OR SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT, TOOL OR SERVICE AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
C. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OUR SITE AND ITS TOOLS, SERVICES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A OUR SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
D. WE MAY TERMINATE YOUR FURTHER ACCESS TO OUR SITE OR CHANGE OUR SITES AND ITS TOOL AND SERVICES OR DELETE CONTENT, TOOLS, SERVICES, FUNCTIONALTIES, OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
10. JURISDICTION, ARBITRATION AND MISCELLANEOUS TERMS
A. Jurisdiction and Arbitration. This Agreement will be governed by and construed in accordance with the internal laws of the Nation of Sweden, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through the Courts of Sweden.
B. The Relationship of Parties hereto this Agreement are as independent businesses only, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise.
C. This Agreement represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior agreements and representations between them.
D. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
E. The failure of Jumblets.com to act with respect to a breach of this Agreement by you or by others does not constitute a waiver and shall not limit Jumblets.com’s rights with respect to such breach or any subsequent breaches.
F. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our consent and any action or conduct in violation of the foregoing shall be void and without effect.
G. Jumblets.com expressly reserves the right to assign or transfer this Agreement, in whole or in part, without any notice to you, and/or to delegate any of its obligations hereunder. You may not transfer or assign this Agreement in any manner without the written permission of Jumblets.com, which will not be unreasonably withheld. This Agreement shall be governed by and construed under Swedish law as such law applies to agreements between Swedish residents entered into and to be performed entirely within Sweden and without reference or regard to its conflict of laws provisions, pursuant to mandatory, binding arbitration as set forth herein.
H. Notice. Any notices required under this Agreement shall be made by Jumblets.com to the e-mail address you have used to register for the Service, or the last known address you have provide to us, and shall be made by you to the e-mail address [email protected]. Our email to your as indicated herein and to Jumblets.com as indicated herein shall serve as the required written notice.