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Zuzus's Terms of Use Agreement

By using Zuzus.net , (hereafter "Zuzus.net" or "Zuzus") website or any services provided by Zuzus.net you (hereafter "You", “partners”, “members”, “buyers”, "buyer", “user”, “users”, “seller” or "seller" means an adult user of the Service) are agreeing to be bound by the following terms and conditions. Furthermore services provided are limited to the United States of America. This agreement is effective March 1, 2009.

1. Zuzus is a Venue

Zuzus acts as a venue to allow users who comply with Zuzus’s policies to offer, sell, and buy goods within a fixed price format. Zuzus is not directly involved in the transaction between buyers and sellers. As a result, Zuzus 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. Zuzus does not pre-screen users or the content or information provided by users. Zuzus cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Zuzus does not transfer legal ownership of items from the seller to the buyer. Zuzus cannot guarantee the true identity, age, and nationality of a user. Zuzus encourages you to communicate directly with potential transaction partners.

You agree that Zuzus is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images or photographs. You use the Zuzus service at your own risk.

2. Membership Eligibility

Age: Zuzus's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Zuzus’s policies as stated in this Agreement and any other Zuzus policy documents:

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Zuzus of any unauthorized use of your password or any breach of security. You also agree that Zuzus cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Zuzus, you must have a valid Paypal account on file with Zuzus at all times.

Account Transfer: You may not transfer or sell your Zuzus account and User ID to another party.

Right to Refuse Service: Zuzus's services are not available to temporarily or indefinitely suspended Zuzus members. Zuzus reserves the right, in Zuzus’s sole discretion, to cancel unconfirmed or inactive accounts. Zuzus reserves the right to refuse service or terminate the use of Zuzus.net service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a shop on Zuzus is free. Zuzus charges a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Zuzus Fee Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Zuzus’s services are effective after Zuzus posts the changes on the Site. However, Zuzus may choose to temporarily change the Fees Policy and the fees for Zuzus's services for promotional events, such changes are effective when Zuzus posts the temporary promotional event on the Site. Zuzus may, at Zuzus's sole discretion, change some or all of Zuzus's services at any time. In the event Zuzus introduces a new service, the fees for that service are effective at the launch or effective date posted of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees associated with using Zuzus.net. Zuzus keeps sellers' valid paypal account information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due to Zuzus.net if any. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the Zuzus.net account.

Fees and Termination: If Zuzus terminates your account, if you close your account, or if the payment of your Zuzus fees cannot be completed for any reason, you remain obligated to pay Zuzus for all unpaid fees plus any penalties, if applicable, and complete all open transactions.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Zuzus’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Zuzus shop. 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/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.

Seller Policies: All sellers are urged to outline seller policies for their Zuzus account. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with Zuzus’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Zuzus reserves the right to request that a seller modify a seller policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Zuzus transaction fees, misrepresent the item’s location, or use another user’s account without permission. 4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Zuzus policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. 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. Each listing must accurately and completely describe the item/items for sale in that listing.

Seller Policies: All sellers are urged to state policy requirements. These requirements may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with Zuzus site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Zuzus reserves the right to request that a seller modify a seller policy.

Binding contract: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, as agreed to by the parties.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Zuzus transaction fees, misrepresent the item’s location, or use another user’s account without permission.



5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Zuzus and any and all data, text, information, usernames, graphics, images, photographs, (“Content”) that you submit, post, and display on Zuzus.

Restricted Activities: Your Content and your use of Zuzus shall not:

  1. Be false, inaccurate or misleading

  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

  3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights .

  4. Violate this Agreement, , any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  5. Contain items that have been identified as hazardous to consumers and therefore subject to a recall.

  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person.

  7. Be offensive, obscene or contain pornography in any form.

  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

  9. Host images not part of a listing

  10. Modify, adapt or hack Zuzus or modify another website so as to falsely imply that it is associated with Zuzus;

  11. Appear to create liability for Zuzus or cause Zuzus to lose (in whole or in part) the services of Zuzus’s ISPs or other suppliers

  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement,, or other policy documents as posted on Zuzus.

Furthermore, you may not list any item on Zuzus (or consummate any transaction that was initiated using Zuzus’s service) that, by paying to Zuzus the listing fee or the final value fee, could cause Zuzus to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. Members are prohibited from the sale of any item determined illegal, in the state of any of the involved parties including Zuzus, under state or federal law.

6. Content

License: Zuzus does not claim ownership rights in your Content. You grant Zuzus a authority solely to enable Zuzus to use any information or Content you supply Zuzus with, so that Zuzus is not violating any rights you might have in that Content. You grant Zuzus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Zuzus to store or re-format your Content on Zuzus and display your Content on Zuzus in any way as Zuzus chooses. Zuzus.net will only use personal information in accordance with Zuzus.net's privacy or any other Zuzus policy document.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Zuzus user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Zuzus-related communications. Zuzus has not granted you authority to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not authorized to add any Zuzus user to your email or physical mail list. For more information, see other Zuzus. Net policies.

Re-Posting Content: By posting Content on Zuzus, it is possible for an outside website or a third party to re-post that Content. You agree to hold Zuzus harmless for any dispute concerning this use. If you choose to display your own Zuzus-hosted image on another website, the image must provide a link back to its listing page on Zuzus.

7. Information Control

Zuzus does not control the Content provided by users that is made available on Zuzus. You may find some Content to be offensive, harmful, inaccurate, or deceptive. 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. Zuzus.net only allows transactions between U.S. sellers and buyers. Anyone outside of the U.S. is prohibited from being a member of Zuzus.net or from buying or selling on this venue. By using Zuzus, you agree to accept such risks and agree that Zuzus (and Zuzus’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Zuzus. Please use caution, common sense, and practice safe buying and selling when using Zuzus.

Other Resources: Zuzus is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Zuzus does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Zuzus 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 websites or resources.

8. Resolution of Disputes and Release

In the event a dispute arises between you and Zuzus.net, please contact customerservice@zuzus.net.

Should you have a dispute with one or more users, or an outside party, you release Zuzus (and Zuzus's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Zuzus encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Zuzus, for the benefit of users, may try to help users resolve disputes. Zuzus does so in Zuzus’s sole discretion, and Zuzus has no obligation to resolve disputes between users or between users and outside parties. To the extent that Zuzus attempts to resolve a dispute, Zuzus will do so in good faith based solely on Zuzus’s policies. Zuzus will not make judgments regarding legal issues or claims.

9. Zuzus's Intellectual Property

ZUZUS, and other Zuzus graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Zuzus in the U.S. and/or other countries. Zuzus's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

10. Access and Interference

Zuzus may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Zuzus is updated on a real-time basis and is proprietary or is licensed to Zuzus by Zuzus's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Zuzus for any purpose without Zuzus’s prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Zuzus’s sole discretion, an unreasonable or disproportionately large load on Zuzus’s infrastructure

  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content), or other allowed uses as set out in Zuzus policy from the Site without the prior expressed written permission of Zuzus and the appropriate third party, as applicable

  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

  4. Bypass Zuzus’s robot exclusion headers or other measures Zuzus may use to prevent or restrict access to Zuzus

11. Breach

Without limiting any other remedies, Zuzus may, without notice, and without refunding any fees, delay or immediately remove Content, warn Zuzus’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Zuzus believes (by information, investigation, conviction, settlement, insurance or investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; Zuzus is unable to verify or authenticate any of your personal information or Content; Or Zuzus believes that a user is acting inconsistently with the letter or spirit of Zuzus’s policies, has engaged in improper or fraudulent activity in connection with Zuzus or the actions may cause legal liability or financial loss to Zuzus's users or to Zuzus.

12. Privacy

Zuzus will not sell or disclose your personal information to third parties without your explicit.

13. No Warranty

ZUZUS, ZUZUS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ZUZUS'S SUPPLIERS PROVIDE ZUZUS'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ZUZUS, ZUZUS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ZUZUS'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ZUZUS SHALL CREATE ANY WARRANTY. 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.

14. Liabiity Limit

IN NO EVENT SHALL ZUZUS, AND (AS APPLICABLE) ZUZUS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ZUZUS'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ZUZUS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ZUZUS'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ZUZUS'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 PAID TO ZUZUS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. 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.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ZUZUS AND (AS APPLICABLE) ZUZUS'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.

16. No Guaranty

Zuzus does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Zuzus’s control.

17. Legal Compliance

You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of Zuzus’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency

You and Zuzus are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Zuzus Service

Zuzus reserves the right to modify or terminate the Zuzus service for any reason, without notice, at any time. Zuzus reserves the right to alter these Terms of Use or other Site policies at any time.

21. Choice of Venue

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee and disputes arising under this Agreement will be adjudicated by the courts of Davidson County in Nashville, Tennessee.

22. Survival

Tennessee Law shall determine expiration or termination of this agreement.

23. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Zuzus Attn: Customer Service Department; P.O.B 41726, Nashville, TN 37204 (in the case of Zuzus) or, in your case, to the email address you provide to Zuzus (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Zuzus may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Zuzus. In such case, notice shall be deemed given three days after the date of mailing.

24. Disclosures

The services hereunder are offered by Zuzus, located at P.O.Box 41726, Nashville, TN 37204.






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