Last Updated: February 15, 2013
The Service allows users who comply with Qwiqq’s policies to offer, sell and buy certain items within a fixed-price format. Qwiqq is not directly involved in transactions between buyers and sellers. As a result, Qwiqq has no 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. Qwiqq does not pre-screen users or the content or information presented by users on the Site. Qwiqq cannot ensure that a buyer or seller will actually complete a transaction.
By listing an item on the Site you warrant that you and all aspects of the item comply with Qwiqq's published policies. You also warrant that you may legally sell the item and that the item is at the location listed. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sales are binding. The buyer is obligated to deliver appropriate payment for items purchased. The seller is responsible for making purchased items available in the seller’s store for pick up by the buyer. Sellers may or may not provide shipping of an order. Therefore, it is the buyer’s responsibility to contact the seller to determine if the seller ships and to make arrangements for shipping of an order. If the seller agrees to ship, then the seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless: (a) the buyer fails to meet the terms of the seller's listing (such as payment) or (b) the seller cannot authenticate the buyer's identity.
The price stated in each item listing must be an accurate representation of the sale price. Sellers may not charge additional fees or excessive shipping fees. Sellers may charge only reasonable shipping and handling fees to cover the costs for packaging and mailing the items. You may not alter the item's price on the Service after a sale for the purpose of avoiding Qwiqq transaction fees.
You may arrange and attend online virtual meetings as part of the Service ("Meetings") with one or more individuals. Qwiqq does not supervise or control the Meetings, your online or offline gatherings, or the interactions between you and other users or companies. You are solely responsible for your interactions with others. Additional eligibility requirements for a particular Meeting may be set by the organizer. The Service does not in any way screen its users. You should exercise caution and good judgment in all interactions with other users of the Service, particularly if meeting offline or in-person.
PayPal is the payment processor for the Service. If you have an issue regarding your transaction, please contact the PayPal Resolution Center The PayPal Resolution Center is designed to enable you to resolve transaction issues promptly and easily before they become larger problems.
In the event that you are unable to resolve your transaction dispute through the PayPal Resolution Center, please send a detailed message to: email@example.com. Qwiqq, for the benefit of users, may try to help users resolve disputes. Qwiqq does so in Qwiqq's sole discretion, and Qwiqq has no obligation to resolve disputes between users or between users and outside parties. To the extent that Qwiqq attempts to resolve a dispute, Qwiqq will do so in good faith based solely on Qwiqq's policies. Qwiqq will not make judgments regarding legal issues or claims.
You shall not:
Your User Submissions may not include obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, any User Submissions provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Qwiqq assumes no responsibility or liability for this material. To the extent permitted under applicable laws, you hereby release Qwiqq from any and all claims or liability related to any conduct or speech, whether online or offline, of any other user.
You expressly agree that Qwiqq or users exclusively own all right, title and interest in and to all Content. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The privileges of any user may be terminated upon receipt of prompt notification to Qwiqq by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted as a User Submission in a way that constitutes copyright infringement, please provide the Qwiqq copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Copyright Agent for notice of claims of copyright infringement can be reached as follows: Qwiqq Copyright Agent, 1202 Seagler Road, Suite 65, Houston, TX 77042, firstname.lastname@example.org.
The Service contains Content specifically provided by Qwiqq or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Qwiqq is not responsible for any incorrect or inaccurate functionality or Content posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with the Services. User Submissions created and posted by users may contain links to other Web sites. Qwiqq is not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are in no way investigated, monitored or checked for accuracy or completeness by Qwiqq. Inclusion of any linked Web site on the Services does not imply approval or endorsement of the linked Web site by Qwiqq. When you access these third-party Web sites, you do so at your own risk. Qwiqq is not responsible for the conduct, whether online or offline, of any user of the Services.
By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Qwiqq a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Qwiqq's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to Qwiqq does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Qwiqq.
You represent and warrant that you have all rights to grant such license to Qwiqq without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Qwiqq will not be liable for any errors or omissions in any Content; and that Qwiqq cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Qwiqq shall have no obligation to maintain or provide any of your User Submissions and may, unless legally prohibited, delete all of User Submissions in Qwiqq systems or otherwise in Qwiqq’s possession or under Qwiqq’s control. When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
Qwiqq has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not: (i) take any action that imposes or may impose (as determined by Qwiqq in its sole discretion) an unreasonable or disproportionately large load on Qwiqq's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Qwiqq may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Qwiqq's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Qwiqq's control, and you acknowledge that Qwiqq is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Qwiqq or any association with its operators. You further acknowledge and agree that Qwiqq 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 website or resource.
Qwiqq is not responsible for any problems or technical malfunction of any electronic network or lines, servers, software, or failure of transmission due to technical problems or traffic congestion on the Internet or on any of the Services, including any injury or damage to any person's computer resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Qwiqq be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
Save to the extent required by law, Qwiqq has no special relationship with or fiduciary duty to you. You acknowledge that Qwiqq has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
THE SITE, SERVICE, CONTENT, AND ITEMS SOLD VIA THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
QWIQQ, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Should you have a dispute with another user, or an outside party, related to the Services or the Site you indemnify, release, and hold Qwiqq (and Qwiqq's officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes. Qwiqq encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
ALL LIABILITY OF QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL QWIQQ, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS FOR: