WELCOME TO SELLBEE.
We hope you find Sellbee useful.
LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access SB in compliance with the TOU; unlicensed access is unauthorized.
You agree not to license, distribute, make derivative works, display, sell, or "frame" content from SB, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you send us and we advertise.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SB, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").
MODERATION. You agree we may moderate SB access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. All site rules, e.g. SELLBEE PROHIBITED, are incorporated herein.
SALES. You authorize us to charge your account for SELLBEE FEES Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for advertising and posts we remove. We may refuse purchases, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to SB, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and SB is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your SB use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("SB ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) SB ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your SB use is governed by California ("CA") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against SB Entities; (6) (except government agencies) to indemnify SB Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your SB use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
Here is a partial list of goods, services, and content prohibited on Sellbee:
· weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
· ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
· prescription drugs, medical devices; controlled substances and related items
· child pornography; bestiality; offers or solicitation of illegal prostitution
· pet sales (re-homing with small adoption fee ok), animal parts, stud service
· ivory; endangered, imperiled and/or protected species and any parts thereof
· false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
· offensive, obscene, defamatory, threatening, or malicious postings or email
· anyone’s personal, identifying, confidential or proprietary information
· food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
· stolen property, property with serial number removed/altered, burglary tools, etc
· ID cards, licenses, police insignia, government documents, birth certificates, etc
· US military items not demilitarized in accord with Defense Department policy
· counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
· lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
· spam; miscategorized, overposted, cross-posted, or nonlocal content
· postings or email the primary purpose of which is to drive traffic to a website
· postings or email offering, promoting, or linking to unsolicited products or services
· affiliate marketing; network, or multi-level marketing; pyramid schemes
· any good, service, or content that violates the law or legal rights of others
Please don't use SELLBEE for these purposes, and FLAG anyone else you see doing so.
Thanks for helping keep SELLBEE safe and useful for everyone.
Unlawful sales of recalled items are prohibited
Please be sure items are safe to use and legal to sell.
Questions? Please email info@GOSELLBEE.com
(updated feb 15, 2016)
This policy details how data about you is used when you access our websites and services (together, "SB") or interact with us. If we update it, we will revise the date, place notices onSB if changes are material, and/or obtain your consent as required by law.
1. Protecting your privacy
· We take precautions to prevent unauthorized access to or misuse of data about you.
· We do not share your data with other third parties.
· We do not engage in cross-marketing or link-referral programs...
· Please review privacy policies of any third party sites linked to from SB.
2. Data we use to provide/improve our services and/or combat fraud/abuse:
· data you post on or send via SB, and/or send us directly or via other sites
· credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
· data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
· web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
· data collected via cookies (e.g. search data and "favorites" lists).
· data about your device(s) (e.g. screen size, DOM local storage, plugins).
· data from 3rd parties (e.g. phone type, geo-location via IP address).
3. Data we store
· We retain data as needed for our business purposes and/or as required by law.
· We make good faith efforts to store data securely, but can make no guarantees.
4. Circumstances in which we may disclose user data:
· to vendors and service providers (e.g. payment processors) working on our behalf.
· to respond to subpoenas, search warrants, court orders, or other legal process.
· to protect our rights, property, or safety, or that of users of SB or the general public.
· with your consent (e.g. if you authorize us to share data with other users).
· in connection with a merger, bankruptcy, or sale/transfer of assets.
· in aggregate/summary form, where it cannot reasonably be used to identify you.
International Users - By accessing SB or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at firstname.lastname@example.org.
NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify a SELLBEE agent for notice of claims of copyright infringement ("Agent"), at: abuse@GOSELLBEE.com
Please provide our Agent with the following Notice, which shall include each of the following:
a) Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
b) Identification of the material on the SELLBEE site that you claim is infringing, with enough detail so that we may locate it;
c) A 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;
d) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
e) Your address, telephone number, and email address; and
f) Your physical or electronic signature.
Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). Under appropriate circumstances, Sellbee may terminate the accounts of repeat infringers.