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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:
Be
false, inaccurate or misleading
Be
fraudulent or involve the sale of illegal,
counterfeit or stolen items
Infringe
upon any third party's copyright, patent, trademark,
trade secret or other proprietary or intellectual
property rights .
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)
Contain
items that have been identified
as hazardous
to consumers and therefore subject to a recall.
Be
defamatory, trade libelous, unlawfully threatening,
unlawfully harassing, impersonate or intimidate any
person.
Be
offensive, obscene or contain pornography in any
form.
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
Host
images not part of a listing
Modify,
adapt or hack Zuzus or modify another website so as
to falsely imply that it is associated with Zuzus;
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
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:
Take
any action that imposes, or may impose, in Zuzus’s
sole discretion, an unreasonable or
disproportionately large load on Zuzus’s
infrastructure
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
Interfere
or attempt to interfere with the proper working of
the Site or any activities conducted on the Site
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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