These terms are incorporated by reference into Vendio's User
Agreement at http://www.vendio.com/ecommerce/terms and are subject to such User Agreement. Your use of any of Vendio's services is subject to the User Agreement in its entirety.
STORES POLICY
1. Stores
1.1. Venue. Vendio Stores are simply a venue to negotiate and complete transactions. Our Stores are not involved in the actual transaction between buyers and sellers. Accordingly, Vendio has no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
1.2. Safe Trading. Because user authentication on the Internet is difficult, Vendio cannot and does not confirm each user's purported identity. You may consider using third party escrow or insurance services or services that provide additional user verification. Please use caution, common sense, and practice safe trading when using our site. Please note that there are risks of dealing with underage persons or people acting under false pretense, or dealing with international trade and foreign nationals.
1.3. Release. Because we are not involved in the actual transaction between buyers and sellers, if you have a dispute with one or more users, you release Vendio (and our officers, directors, agents, subsidiaries and employees) from 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. As applicable, you waive California Civil Code §1542 (and similar statutes in other jurisdictions), which provides: '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.'
1.4. Seller Content. We do not control the information provided by other users which is made available through our system. You may find other content within our Stores to be offensive, harmful, inaccurate, or deceptive.
1.5. Tracking. Vendio may add tracking functions to your store to better inform web design, usability, and service usage. 2. Transactions.
2.1. Obligation to Complete Transaction. If you make a purchase, you are obligated to pay for the purchased item and the seller is obligated to deliver the purchased item. By purchasing an item, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful.
2.2. Fraud. You may not use or manipulate this service for any fraudulent activity or purpose. 3. Prohibited Content Users must conduct proper research to ensure that the items posted to our Stores sites are in compliance with all local, state, national, and international laws. If we determine that the content of a listing is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Vendio may determine in its discretion whether or not content is appropriate. The following items are prohibited:
3.1. Alcoholic Beverages and Tobacco.
3.2. Pornography. Pornography, X-rated movies, home porn, hard-core material including magazines that depict graphic sexual acts, amateur porn, soiled undergarments, sexual aid devices, and "adult-only" novelty items that are primarily sold through adult-only novelty stores and erotic boutiques are not permitted. Prophylactics and other over-the-counter contraceptives may be listed. Unrated erotic videos and DVDs, properly censored erotic artwork and magazines of the type found at a typical bookstore are permitted. Any Store items that contains nudity, graphic titles, or descriptions must be sufficiently concealed.
3.3. Offensive Material. Offensive materials include items such as crime-scene photos or human organs and body parts. Vendio reserves the right to determine the appropriateness of listings posted to our site.
3.4. Illegal Items. Items sold on the Vendio site must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold include: Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity. Packaged food that meets all applicable federal, state, and local standards for sale to consumers is permitted.
3.5. Stolen Goods. You may not list stolen goods. If Vendio learns that an item is not the property of the seller, or was obtained through illegal means, we will immediately cancel the listing in question.
3.6. Privacy Infringements. Vendio holds personal privacy in the highest regard. Items that infringe upon, or have potential to infringe upon an individual's privacy, are prohibited. The sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, and similar items) is prohibited.
3.7. Recopied Media. Copies, dubs, duplicates, or transfers of books, music, videos, software, images, and similar items, are prohibited. Transferred media - whether laserdisc to video, CD-ROM to cassette tape, or from the Internet to any digital format - is prohibited.
3.8. Promotional Media. Movies, CDs, software, books (including advance reading copies and uncorrected proofs), and similar items, that are produced and distributed for promotional use only are prohibited for sale through Vendio.
3.9. Video games. Video games sold through Vendio must be full retail versions. Recopied and transferred video games are prohibited. Mod chips, silver disks, video game emulators, Sega bootdisks, game enhancers, unauthorized video game compilations, and accessories are prohibited.
3.10. Software. Only full retail versions of software may be sold through Vendio. Software that has been copied or duplicated in any format is prohibited. Additionally, academic, OEM, back-up, fulfillment, promotional, beta (prerelease), unauthorized freeware/shareware, and "softlifted" software versions are prohibited.
3.11. Movies. Copies of movies (VHS, DVD, or other formats) may not be sold through Vendio. Movies that have been transferred from one format to another are not permitted. For example, NTSC to Pal and Pal to NTSC conversion are not permitted. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorized props are prohibited.
3.12. Television programs. Copies of television programs, including pay-per-view events are prohibited. Commercially produced and licensed copies of television programs are permitted. Unauthorized television programs and programs never broadcast, unauthorized scripts, unauthorized props, and screeners are prohibited.
3.13. Music. Recopied music in any format is prohibited. Bootlegs, unauthorized live concerts, unauthorized soundboard recordings, unauthorized merchandise, and similar items, are not permitted.
3.14. Satellite Broadcasts. Any item that enables unauthorized transmission/reception of a satellite broadcast/signal, includes H cards, test cards, smart cards, and similar items, is prohibited.
3.15. Replicas of trademarked items. The sale of unauthorized replicas, pirated, counterfeit, and knockoff merchandise, for example, replicas of Rolex watches, is prohibited.
3.16. Rights of Publicity. Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their authorized representative. This includes product endorsements and merchandise such as posters, mouse pads, clocks, clothing and unauthorized celebrity image collections.
3.17. Firearms, Ammunition, and Weapons. Vendio does not permit the listing of projectile and concussive weapons that employ gunpowder or explosives. The prohibited list includes, but is not limited to, ammunition, rifles, shotguns, pistols, other firearms, and fireworks. Other prohibited items include: automatic knifes, throwing stars, spring-loaded knives, switchblades, crossbows, hunting bows, gravity-assisted knives, butterfly knives, throwing knives, nunchaku, weighted clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, weapons designed to be concealed, and any other item deemed inappropriate for the Vendio community.
3.18. Advertisements. Listings that appear to be intended as "portals" to commercial or private Web sites for the purposes of advertising, or that offer contact information for non-Vendio transactions, are prohibited. Links to outside Web sites intended to sell items. Small promotional logos may be included within a listing to credit outside services (payment processing, image hosting, or listing services, and similar items) that relate directly to the listed item. Promotional messages and solicitations may not be communicated within a promotional credit logo.
3.19. Recalled Products. Any items that have been recalled by the Consumer Product Safety Commission (CPSC). For a comprehensive list of recalled items, please visit the U.S. Consumer Product Safety Commission Web site.
3.20. Living Creatures and Unauthorized/Illegal Wildlife Products. The sale of live creatures and illegal wildlife products is prohibited, and this includes any type of pet or livestock, illegal animal byproducts (skins, organs, tissue, bones, feathers, and similar items) of animals and endangered species. As with all products posted to our site, please be sure to conduct proper research to ensure that your Stores items are in compliance with all laws. The sale of live shellfish and crustaceans is permitted, as long as the seller adheres to all applicable law concerning the delivery and sales of these perishable food items.
3.21. Real estate. Real estate laws and commission structures differ dramatically from state to state. Because of the legal complexities regarding the sale of real estate, real estate is prohibited.
3.22. Wine and other alcoholic beverages. Local, state, and national government agencies heavily regulate the transaction of wine and other alcoholic beverages. Given these complexities, are prohibited for sale through our site. 4. Sales/Use Taxes. If applicable, you will collect, report, and remit the correct tax to the appropriate tax authority. Vendio has no obligation to determine whether sales or use taxes apply and is not responsible to collect, report, or remit any sales or use taxes arising from any transaction. 5. Listing and Selling. 5.1. Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
5.2. Fraud. Without limiting any other remedies, Vendio may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
5.3. Accurate Information. You must clearly and accurately describe the item you are selling.
5.4. Search Integrity. You may not include any language in your listing, including in the listing title, which may confuse potential buyers or cause your listing to be included in search results to which it is not responsive. For example, you may not describe your item by stating what it is not in the listing's title.
5.5. Terms of Sale. You must describe the terms of sale, including payment methods accepted, shipping methods and who will pay the costs, any additional costs associated with the item, and the applicable return or refund policy.
5.6. Appropriate Category. You must list your items in the most appropriate category and list each item in only one category.
5.7. Possession of Items. You may not offer any item for sale which is not in your possession, you do not have the right to sell, or that does not exist at the time of the listing.
5.8. Choice Listings. You may not allow buyers to choose from a selection of items in the same listing.
5.9. Bonuses, giveaways, raffles and prizes. Listings that promote bonus items, giveaways, or random drawings or prizes as an enticement for buyers are not permitted as these promotions are highly regulated and may be unlawful in many states. Vendio itself may run such promotions on the site, and may grant authorization to its partners or third party companies to run promotions, that comply with applicable laws.
5.10. Fee Avoidance. Users may not use systems or techniques to avoid our fees. Some examples include:
a) Offering in a listing the opportunity to purchase the item or other merchandise outside of Vendio.
b) Listings with low prices but unreasonably high shipping or handling costs
c) Listing an item that requires or offers an additional purchase
d) Listings of catalogs from which buyers may directly order items are prohibited. 6. Illegal Activity 6.1. Legal Compliance. Our site and our services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Vendio will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
6.2. Investigation. Vendio has the right, but not the obligation, to monitor any activity and content associated with our site. Vendio may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on our site, including listings and bids. Vendio reserves the right and has discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
6.3. Disclosure of Information. Vendio reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Vendio's systems and customers, or to ensure the integrity and operation of Vendio's business and systems, Vendio may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content. 7. Reservation of Rights. Vendio retains the right to immediately halt any transaction, prevent or restrict access to our site or our services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the procedures and guidelines contained in our site. Vendio retains the right to seek reimbursement from seller for any costs arising from seller's transaction, including a chargeback from buyer's credit card issuer for the amount of buyer's purchase from seller. In its discretion, Vendio may request additional information from a seller before activating the seller's Store or disable an active Store pending Vendio's receipt of requested information. 8. Vendio Participation. Vendio itself may participate in transactions from time to time. When Vendio offers goods, it is no different than any other seller. Employees of Vendio are permitted to participate in their personal capacity (i.e., not as Vendio employees, representatives, or agents) in the transactions conducted through our site (unless they have confidential information about a particular item). Vendio employees, when participating in any transaction in their personal capacity, are subject to this agreement and the same procedures and guidelines as any buyer or seller on our site.
