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IntroductionWelcome to UmmahZon. By using UmmahZon (including UmmahZon.com and its related sites, services and tools), you agree to the following terms with UmmahZon Inc. and the general principles for the websites of our subsidiaries and international affiliates. This Agreement is effective on August 4th 2012, for current users, and upon acceptance for new users.
Using UmmahZonWhile using UmmahZon sites, services and tools, you will not: post content or items in an inappropriate category or areas on our sites and services; violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools; 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 users' listings; circumvent or manipulate our fee structure, the billing process, or fees owed to UmmahZon; 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 sites or using it for purposes unrelated to UmmahZon); transfer your UmmahZon account (including feedback) and User ID to another party without our consent; distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm UmmahZon, or the interests or property of UmmahZon users; export or re-export any UmmahZon tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the UmmahZon sites, service or tools or UmmahZon 's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing UmmahZonUmmahZon and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, 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 or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to conducting off- UmmahZon transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue UmmahZon sites, services or tools.
Buyer ProtectionBuyers and sellers share the responsibility for making sure purchases facilitated by UmmahZon are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the UmmahZon Buyer Protection Policy with respect to claims. UmmahZon Buyer Protection covers only claims filed in accordance with the UmmahZon Buyer Protection Policy. We may suspend the UmmahZon Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program. We require UmmahZon sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with UmmahZon under the UmmahZon Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for an UmmahZon claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the UmmahZon Buyer Protection Policy. In addition: Changing a reimbursement method will not affect UmmahZon 's use of a payment method on file for other purposes (such as payment of your UmmahZon fees). If sellers do not provide UmmahZon with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
- Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous UmmahZon Buyer Protection refund or reimbursement.
HoldsTo protect against the risk of liability, UmmahZon has at times requested, and may continue to request, that UmmahZon hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an UmmahZon Buyer Protection claim. UmmahZon has held, and will continue to hold, seller funds pursuant to the terms of the UmmahZon User Agreement, UmmahZon policies and any other agreement entered into between PayPal and its users. UmmahZon will hold seller funds for 14 days minimum once product is shipped.
Fees and ServicesJoining UmmahZon and buying 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 schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the UmmahZon site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. 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 180 days past due, deducting the amount owed from your UmmahZon account balance.)
ContentWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all 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 that are provided by third parties (including UmmahZon users). You may use catalog content solely in connection with your UmmahZon listings during the time your listings are on UmmahZon 's sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all UmmahZon policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of LiabilityYou will not hold UmmahZon responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional shopping website. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as stores and fixed price. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, 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 or return an item We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. 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 paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the UmmahZon Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under UmmahZon Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.
ReleaseIf 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 InterferenceThe sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to UmmahZon 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 hand 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 sites without the prior express written permission of UmmahZon and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Listing ConditionsBy listing an item on UmmahZon’s sites, you agree to pay UmmahZon’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on UmmahZon’s sites, your listing will be posted on UmmahZon’s sites and can be viewed in My UmmahZon. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so UmmahZon can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in UmmahZon’s Help Pages.
No AgencyNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
NoticesExcept as explicitly stated otherwise, legal notices shall be served on UmmahZon 's national registered agent (in the case of UmmahZon) or to the email address you provide to UmmahZon 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.
Legal DisputesIf a dispute arises between you and UmmahZon, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and UmmahZon agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against UmmahZon must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, UmmahZon may recover attorneys' fees and costs up to $1000, provided that UmmahZon has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional TermsThe following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:
- Prohibited and Restricted Items Policy
- Listing Policy
- UmmahZon Buyer Protection Policy