Bonanzle User Agreement

Updated May 5, 2008
By using the Bonanzle.com web site (the "Website") or establishing an account with Bonanzle and using the Bonanzle service (the "Service"), you agree to the following terms and conditions (the "Bonanzle User Agreement").

I. Overview

Importantly, although Bonanzle is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, Bonanzle acts as a venue to match buyers and sellers. Bonanzle is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Bonanzle has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.

Definitions
"Your Information" is defined as any information you provide to Bonanzle or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Bonanzle acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.

Dispute Resolution
Bonanzle's goal is to make you happy. In the event a dispute arises between you and Bonanzle, please email Bonanzle at support@bonanzle.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

General Overview: Terms

You acknowledge that you must be 18 years or older to use this site or establish an account.
You acknowledge that you bear sole responsibility for keeping your password secure.

You agree not to use Bonanzle for any illegal or unauthorized purpose.
You agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
You agree not to modify, adapt or hack Bonanzle.com or modify another website so as to falsely imply that it is associated with Bonanzle.
You agree not to solicit, harass or impersonate Bonanzle members.
You agree not to transmit any worms or viruses or any code of a destructive nature.

Furthermore, while Bonanzle discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

General Overview: Conditions

Bonanzle reserves the right to modify or terminate any service for any reason at any time, with or without notice.
Bonanzle reserve the right to alter this Bonanzle User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of Bonanzle, Bonanzle will notify you via e mail according to the preference expressed on your account.
Bonanzle reserves the right to refuse service to anyone for any reason at any time.
Bonanzle may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that Bonanzle determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, Bonanzle Terms of Use, Bonanzle Privacy Policy, or any other policy documents and community guidelines as posted on Bonanzle. Bonanzle has no obligation to do so, however.
The Service makes it possible to post images hosted on Bonanzle to outside websites. This use is accepted. However, pages on other websites which display images hosted on Bonanzle must provide a link back to Bonanzle from each photo to its photo page on Bonanzle.
Bonanzle will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Bonanzle, you agree to allow other Bonanzle users to view them and you agree to allow Bonanzle to display the images and content on Bonanzle and store the images, item description, profile and other content.
All Bonanzle graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Bonanzle's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

II. Membership Eligibility

Bonanzle's services are free, but available only to individuals who can form legally binding contracts under applicable law. Bonanzle's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Bonanzle members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Bonanzle. Further, you also agree not to transfer or sell your account (including feedback) or User ID.

III. Purchasing/Buyer Obligations and Guidelines

A buyer is obligated to complete the transaction of a purchase of an item on Bonanzle in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction.
A seller must abide by all of Bonanzle's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

IV. Listing/Seller Obligations and Guidelines

Bonanzle's Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Bonanzle provides you with at least fourteen (14) days' notice of the changes by posting the changes on Bonanzle. However, Bonanzle may choose to temporarily change Bonanzle's Fees and Credits Policy and the fees for Bonanzle's services for promotional events (for example, free listing days) and such changes are effective when Bonanzle posts the temporary promotional event on Bonanzle. Bonanzle may, at Bonanzle's sole discretion, change some or all of Bonanzle's services at any time. In the event Bonanzle introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Bonanzle's service and Bonanzle and all applicable taxes.
Fees for our services will be described once they are determined.

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items 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.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Termination: Without limiting any other remedies, Bonanzle, without notice, may suspend or terminate your account if Bonanzle suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Bonanzle's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Bonanzle.
Manipulation: The price stated in each Bonanzle Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Bonanzle transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.

V. Usage Guidelines

Third Party Content; Identity Verification: You understand that the Bonanzle, including Bonanzle booth chat, acts only as a marketing platform and technical interface between users and that Bonanzle does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Bonanzle. Bonanzle cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Bonanzle at your own risk.
Please use caution, common sense, and practice safe trading when using Bonanzle. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Bonanzle, you agree to accept such risks and that Bonanzle (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Bonanzle
Bonanzle uses many techniques to verify the accuracy of the information Bonanzle's users provide to Bonanzle when they register on Bonanzle. However, because user verification on the Internet is difficult, Bonanzle cannot and does not confirm each user's purported identity. Thus, Bonanzle has established a user-initiated feedback system to help you evaluate with whom you are dealing. Bonanzle also encourages you to communicate directly with potential transaction partners through the tools available on Bonanzle. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Bonanzle shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Bonanzle also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Bonanzle or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than Bonanzle's (this does not prevent linking to or advertising an Bonanzle item from another web site); or
(dd) you do not have a right to link to or include.
Furthermore, you may not list any item on Bonanzle (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Access and Interference: Bonanzle may contain robot exclusion headers. Much of the information on Bonanzle is updated on a real time basis and is proprietary or is licensed to Bonanzle by Bonanzle's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Bonanzle for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Bonanzle and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Bonanzle.

Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Bonanzle may, without prior notice, limit the number of purchases and listings, which you may place on Bonanzle based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Bonanzle. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Bonanzle users, you agree that you shall not market or export your Bonanzle feedback rating in any venue other than a Bonanzle operated website.

VI. Miscellaneous Terms and Conditions

Breach: Without limiting other remedies available, Bonanzle may, without prior notice, limit your activity, immediately remove your item listings, warn Bonanzle's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Bonanzle is unable to verify or authenticate any of Your Information; or
(c) Bonanzle believes that your actions may cause financial loss or legal liability for you, Bonanzle's users or Bonanzle.

No Warranty: BONANZLE, BONANZLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BONANZLE'S SUPPLIERS PROVIDE BONANZLE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BONANZLE, BONANZLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BONANZLE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation On Liability: IN NO EVENT SHALL BONANZLE, AND (AS APPLICABLE) BONANZLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BONANZLE'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
BONANZLE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BONANZLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BONANZLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD BONANZLE AND (AS APPLICABLE) BONANZLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

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