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TERMS OF SERVICE

Updated July 24, 2017.

  1. Welcome to MerchBible
  1. MerchBible operates a social marketplace which allows you to buy and sell items using our website or the MerchBible application which we make available for download through an app store on your mobile device (the “Service“).
  2. The Service is operated by MerchBible Limited (“we“, “our, or “us“).
  1. Your relationship with us
  1. This document and any documents referred to within it (collectively, the “Terms of Service“) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at Contact@MerchBible.com to discuss what this means for you.
  2. By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.
  1. Information about us
  1. MerchBible LLC is incorporated and registered in North Carolina, USA.
  1. Information about you
  1. Your privacy is important to us. You should read our privacy policy to understand how we collect, use and share information about you.
  1. Setting up an account
  1. To access our Service, you must register with us and set up an account with a username and password (your “Account“). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
  2. You must be at least 16 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service.

 

  1. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account (or as defined in clause 7 below) may have been misused, you should contact us at Contact@MerchBible.com straight away to let us know.
  1. MerchBible Marketplace
  1. Our Service allows you to buy and sell items. You can find out more information about our services on our about page.
  2. You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item“).
  3. As a buyer, Sale Items must only be purchased using one of MerchBible’s approved methods of payment (a “Sale Transaction”) and all Sale Transactions must take place within the Service.
  4. As a seller, MerchBible offers you two methods of receiving money for any Sale Items you sell namely: PayPal and off-site.
  5. Off-site sales are not encouraged but allowed.
  6. We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the swap, sale or purchase of a Sale Item.
  7. Any purchase you make of a Sale Item is solely between you and the seller. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at clause 18 of these Terms of Service.
  8. As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item.
  9. All disputes will be settled through PayPal.
  1. Your right to use the Service
  1. The materials and content comprising the Service either belong to us or we have permission from the owner to use them to provide the Service. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
  2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
  3. Other than as allowed in these Terms of Service you are not given the right to use the “MerchBible” name, or any of the “MerchBible” trademarks, logos, domain names and other distinctive brand features.
  1. Your content
  1. You confirm that images, sounds, text or information that you submit or create (“User Content“) whilst using the Service will meet the Rules of Acceptable Use.
  2. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
  3. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
  4. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of MerchBible.
  1. Rules of Acceptable Use
  1. In addition to the other requirements within these Terms of Service, this clause describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use“).
  2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
  3. When using the Service you must not:
    1. create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise;
    2. give any false or misleading information in your Account details;
    3. permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you;
    4. use the Service if we have suspended or banned you from using it;
    5. send junk, spam or repetitive messages;
    6. engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of sale items (including import and export rules and illegal products);
    7. modify, interfere, intercept, disrupt or hack the Service;
    8. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment;
    9. collect any data from the Service other than in accordance with these Terms of Service;
    10. submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains nudity or violence, is abusive, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language;
    11. unfairly or unlawfully interfere or manipulate any ratings system or user feedback system;
    12. submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
    13. offer to sell or buy any of the items we list as prohibited items. or
    14. purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the approved payment methods available through the Service;
    15. take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in clause 15);
    16. submit or contribute any information or commentary about another person without that person’s permission.
  4. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
    1. immediate, temporary or permanent withdrawal of your right to use our Service;
    2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
    3. issuing of a warning to you;
    4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  1. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
  2. The responses described in clause 12.4 are not limited, and we may take any other action we reasonably deem appropriate.
  1. Notice and takedown policy
  1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to MerchBible Limited, 37 Warren Street, W1T 6AD, UK or by email to contact@MerchBible.com. Please provide the information described below in the Infringement Notice:
    1. your name and contact details;
    2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
    3. a link to or such other means of identifying the problematic content.
  2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
  1. Advertisements on the Service
  1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.
  1. Commission Fee
  1. There is currently no commission that we take. The Service (‘MerchBible’) permits itself to install a fee on all transactions at any time. Users will be warned in advance.
  1. Our liability/responsibility to you
  1. You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or late delivery of the Sale Items or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service or the ability of the purchaser to complete any purchase of the Sale Items.
  2. Unfortunately, due to the nature of the Internet and technology, the Service is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
  3. To the extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
  4. For any other claims arising out of the provision of the Service or the MerchBible Wallet, we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise).
  5. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
  1. Resolving disputes

DISPUTES WITH US

  1. If you have a dispute with us relating to the Service, in the first instance please contact us at Contact@MerchBible.com and attempt to resolve the dispute with us informally.

DISPUTES WITH OTHER USERS RELATING TO A SALE TRANSACTION

PAYPAL TRANSACTIONS

  1. If you use PayPal to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for PayPal’s Buyer and Seller Protection, details of which are available here.
  1. Shipping
  1. The seller is responsible for the shipment of the item to the buyer.
  2. MerchBible shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to MerchBible by any competent authority the seller agrees to reimburse MerchBible fully in respect of the same within 7 days of our demand.
  1. Changes to the Service
  1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
  2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service“). These changes to the Service may affect your past activities on the Service, features that you use and your User Content (“Service Elements“). Any changes to the Service could involve Service Elements being deleted or reset.
  3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at contact@MerchBible.com from the email address linked to your account.
  1. Change to the documents
  1. We may revise these Terms of Service from time to time but the most current version will always be at this link.
  2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
  3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
  4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
  1. Documents that apply to our relationship with you
  1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
  2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
  3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
  1. Law
  1. As we are based in Charlotte NC, American law will apply to all disputes and the interpretation of these Terms of Service. The USA courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.
  1. Contact, feedback and complaints
  1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at Contact@MerchBible.com.
  2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.