Terms Of Use
 

1. Your Acceptance A. By using and/or visiting this website (collectively, including all content and functionality available through the Sellblocks.com domain name, the "Sellblocks Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Sellblocks privacy notice, found at http://www.sellblocks/privacy_policy and incorporated here by reference, and (3) Sellblocks Community Guidelines, found at http://www.sellblocks.com/communityguidelines and also incorporated here by reference. If you do not agree to any of these terms, the Sellblocks privacy notice, or the Community Guidelines, please do not use the Sellblocks Website. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.sellblocks.com/terms). Sellblocks may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. While using Sellblocks, you will not: post content or items in an inappropriate category violate any laws, third party rights use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to sellblocks; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine feedback transfer your sellblocks account, activity and User ID to another party without our consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm sellblocks, or the interests or property of sellblocks users; copy, modify, or distribute content from sellblocks copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. 2. Sellblocks Website These Terms of Service apply to all users of the Sellblocks Website, including users who are also contributors of video content, information, photos, and other materials or services on the Website. The Sellblocks Website includes all aspects of Sellblocks, including but not limited to all products, software and services offered via the website such as the Sellblocks channels, the Sellblocks "Uploader" and other applications. The Sellblocks Website may contain links to third party websites that are not owned or controlled by Sellblocks. Sellblocks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Sellblocks will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Sellblocks from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Sellblocks Website and to read the terms and conditions and privacy policy of each other website that you visit. Sellblocks and the Community work together to keep our site and service working properly and the Community safe. Please report problems, offensive content, and policy violations to us. If you believe that your rights have been violated, please notify our Sellblocks team through email at siteviolations@sellblocks.com and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sellblocks immediately of any breach of security or unauthorized use of your account. Although Sellblocks will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sellblocks or others due to such unauthorized use. Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to Sellblocks by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Sellblocks and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or other measures we may use to prevent or restrict access to the sites. 3. Fees and Services Sellblocks charges fees for services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our fee schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sellblocks site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) All sales and listing purchase conducted on Sellblocks.com website are final. 4. Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Sellblocks Website. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, you will be responsible for ensuring that your listings are accurate and do not include misleading information. The content on the Sellblocks Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sellblocks, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sellblocks reserves all rights not expressly granted in and to the Website and the Content. You may access User Submissions solely: for your information and personal use; as intended through the normal functionality of the Sellblocks Service User Videos are made "as is." User Comments/ Descriptions are made available to you for your information and personal use solely as intended through the normal functionality of the Sellblocks Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Sellblocks Service or otherwise as prohibited under this Agreement. You may access Sellblocks Content, User Sellblocks Submissions and other content only as permitted under this Agreement. Sellblocks reserves all rights not expressly granted in and to the Sellblocks Content and the Sellblocks Service. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sellblocks Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sellblocks Website or the Content therein. You understand that when using the Sellblocks Website, you will be exposed to User Submissions from a variety of sources, and that Sellblocks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sellblocks with respect thereto, and agree to indemnify and hold Sellblocks, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. As a Sellblocks account holder you may submit video content ("Personal Video Commercials" PVC) and textual content ("Item Descriptions") and photos. User Personal Video Commercials and Item Descriptions and photos are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Sellblocks does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sellblocks to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Sellblocks, you hereby grant Sellblocks a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Sellblocks Website and Sellblocks (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Sellblocks Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Sellblocks Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that Sellblocks may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sellblocks all of the license rights granted herein. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Sellblocks Community Guidelines, found at http://www.sellblocks.com/communityguidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Sellblocks does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sellblocks expressly disclaims any and all liability in connection with User Submissions. Sellblocks does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sellblocks will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Sellblocks reserves the right to remove Content and User Submissions without prior notice. 5. Account Termination Policy Sellblocks will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. Sellblocks reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sellblocks may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 6. Liability You will not hold Sellblocks responsible for other users' content, actions or inactions, or items they list. You acknowledge that the site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer.Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our site and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. For Clarity, IN NO EVENT SHALL SELLBLOCKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SELLBLOCKS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SELLBLOCKS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Sellblocks makes no representations that the Sellblocks Website is appropriate or available for use in other locations. Those who access or use the Sellblocks Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 7. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sellblocks with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have 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; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any feedback, comments, requests for technical support, and other communications should be directed to Sellblocks customer service through http://www.sellblocks.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to Sellblocks: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Sellblocks, Sellblocks may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sellblocks sole discretion. 8. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Sellblocks Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Sellblocks Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 9. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Sellblocks Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information as protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 10. General You agree that: (i) the Sellblocks Website shall be deemed a passive website that does not give rise to personal jurisdiction over Sellblocks, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Service shall be governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Sellblocks that arises in whole or in part from the Sellblocks Website shall be decided exclusively by a court of competent jurisdiction located in Philadelphia, Pennsylvania. These Terms of Service, together with the Privacy Notice at http://www.sellblocks.com/privacy and any other legal notices published by Sellblocks on the Website, shall constitute the entire agreement between you and Sellblocks concerning the Sellblocks Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sellblocks failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Sellblocks reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Sellblocks Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SELLBLOCKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SELLBLOCKS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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