Classifieds User Agreement
- Author:
- Administrator
- Date added:
- Friday, 09 January 2009
Answer
CLASSIFIEDS USER AGREEMENT
We have established the following terms and condition to ensure the quality of Zoombicycles.com and the services we offer to you, our users. Please remember that ads are posted by users, not by Zoombicycles.com. Users are responsible for all aspects of the transactions in which they choose to participate as buyers and/or sellers. All transactions conducted on Zoombicycles.com must be consistent with any applicable legal rules and with Zoombicycles.com's terms and conditions of service. Zoombicycles.com reserves the right to reject or remove any ad that is not consistent with Zoombicycles.com terms and conditions, and the law. Please review the terms and conditions in this agreement and make sure any transactions you conduct comply fully.
GENERAL INFORMATION
Zoombicycles.com is a platform for users to connect with one another. Zoombicycles.com does not participate in, nor is it a party to, any Classified ad transactions. Zoombicycles.com does not screen or control users who may sell, buy, or trade using Zoombicycles.com, nor does Zoombicycles.com review, endorse, guarantee or authenticate all listings offered for sale or trade. Therefore, users of this service should be aware that:
- Sellers and buyers are completely responsible for working out the sale and exchange of goods or services.
- Sellers and buyers are responsible in resolving any disputes that may arise from classified ad transactions. It is important to use care throughout your dealings with other users in Zoombicycles.com. Zoombicycles.com cannot and does not confirm each and every user-purported identity.
- Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
- Upon the completion of a sale, sellers and buyers are responsible for their own payment, shipping costs, applicable taxes and any other costs incurred by participating in Zoombicycles.com Classifieds.
ACCESSIBILITY
The Zoombicycles.com Classifieds is a classified ads section of the main Zoombicycles.com website for Canadian and US residents only. Ads posted on Zoombicycles.com must be in English.
Zoombicycles.com services are available to all of our users who can perform legally binding contracts under applicable law. By using or registering with Zoombicycles.com, you agree to provide true and accurate information about yourself; including your current residency in Canada. Anyone who is considered a minor (under the age of 18) in the province of residence without parental consent is prohibited from registering as a user. Additionally, we reserve the right to refuse access of our service to anyone at our sole discretion.
ACCOUNT AND PASSWORD
You are solely responsible for all activities within your account under your password. Password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else's password for any unauthorized purpose. You indemnify Zoombicycles.com and its staff from all claims and liabilities made by a third party resulting from all activities incurred within your account. Additionally, your account may not be transferred, assigned or sold to a third party.
WEB LINKING
Web Linking may be used to direct users of Zoombicycles.com to an external website. Web Linking may not be used to direct users of Zoombicycles.com to a porn, explicit adult content, hate, questionable content, or other competing classified or auction websites (as determined by Zoombicycles.com). As well, directing users to an external website for the purpose of soliciting information, scam or fraud is strictly prohibited. Violation of the afore-mentioned rules will result in the ad(s) being discarded or modified and the member being banned from Zoombicycles.com at the discretion of Zoombicycles Administrators with no refund of premium services fees.
SERVICE FEE
Zoombicycles.com's Classified service is free, to both buyers and sellers. However, in the event that the sellers wish to upgrade their classified ad to better market their product, they will be charged accordingly. You are responsible for all of your payment, through the use of our premium services along with all applicable taxes. During promotional period, we may waive the fee to these premium services. From time to time, we may add new services; the fee of the new services will be effective at the start of that service. We reserve the right to change or discontinue any of our services and fees at any time with or without notice.
INTERFERENCE
You are prohibited from using a secondary account or a third party to interfere with the negotiation process with another buyer or seller.
You are prohibited from spamming our system and/or impose an unreasonably or disproportionately large load on our system. You may not put any material on Zoombicycles.com that contains any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You may not solicit Zoombicycles.com users to post ads on other classifieds sites.
SELLING
All sellers must:
- Comply with applicable laws. You may not offer for sale, or trade any items or services to buyers in a jurisdiction where the item, service, or terms of the sale violate applicable laws or regulations. You also may only offer for sale or trade any item or service that complies with Zoombicycles.com's policies as described below in "Permitted Items and Services".
- Provide accurate and up-to-date information. You must accurately describe the item you are selling, or trading. You may not include any language in your ad, which may mislead potential buyers or cause your ad to be included in search results to which it is not responsive.
- Avoid inappropriate ad content. You may not link to, post, or include advertisements for goods or other materials that: (a) describe items or services that you are not selling in Zoombicycles.com, or (b) you do not have right to link to or include. You also may not include any content or images in your ad that are obscene, offensive, harmful to minors, invasive of anyone's privacy, or otherwise inappropriate.
- Have the rights to and possession of item. You may not offer any item for sale or trade that is not in your possession, you do not have the right to sell or trade items that does not exist at the time of the ad.
- Place item in the appropriate category. You must list your item in the MOST appropriate category. Zoombicycles.com reserves the right to relocate an ad that is deemed to be in an inappropriate category.
- Not submit personal email and/or web addresses (unless the web address is part of the Web Linking premium service) on their ads. Your email address is kept confidential unless you choose to have this listed with your listing. This will help deter unsolicited email marketing from spammers. Buyer contacts seller by submitting a Private Message on a particular ad. Zoombicycles.com reserves the right to remove personal emails and/or web addresses from an ad.
- Provide an honest representation of your item for sale and indicating if your item is used, refurbished or a replica of the original.
BUYING
Buyers are free to browse through the classified ads on our site but need to register with us to buy or contact sellers. Zoombicycles.com does not associate itself with the negotiation process between buyers and sellers. However, if a prospective buyer shows interest in an ad by submitting a message in "contact seller", Zoombicycles.com will relay this initial email to the seller on the buyer's behalf to initiate the negotiation process. Afterwards, the buyer and seller will communicate directly via their own emails. Zoombicycles.com only initiates this contact to help facilitate the negotiation process and does not and will not have control beyond this point. Buyers and sellers are responsible for their own negotiation and use of information.
Certain ads listed on Zoombicycles.com may contain a web link where buyers are free to navigate to the linked website. Be advised, Zoombicycles.com is not affiliated or responsible for the content of the linked website. Any action or activity by the buyer on the linked website is at his/her sole responsibility.
FRAUD
You may not use or manipulate this service for any fraudulent activity or purpose, including but not limited to collecting payment from buyers and not providing the item or service purchased, or filing false claims for insurance payments. If you are a victim of fraud or know information of fraud, call the Canadian PhoneBusters hotline at 1-888-495-8501. The Internet Fraud Complaint Center is another good site where you can file a complaint: http://www1.ifccfbi.gov/cf1.asp. For local police help, call the non-emergency police number in your local phone book
PERMITTED ITEMS AND SERVICES
It is the responsibility of both the seller and the buyer to ensure that the items or services listed for sale or trade are appropriate for sale under all applicable laws and regulations. You may sell, trade or offer only the following items or services:
- Any items related to bicycles and bicycle accessories.
- Any items related to PowerKing bicycle motors, PowerKing bicycle motor parts and PowerKing bicycle motor accessories (other branded bicycle engine kits are not permitted on this site).
- Any items related to improved performance for PowerKing bicycle motors.
- Bicycle repair and upkeep services.
- Motorized bicycle installation services.
SPAM
Zoombicycles.com encourages you to post ads in Zoombicycles.com as long as they are not duplicates or other forms of spam, or otherwise inconsistent with the Zoombicycles.com terms and conditions. Zoombicycles.com may take action to delete classified ads and/or Zoombicycles.com user accounts that we believe are misusing this service. Prohibited spam or otherwise impermissible marketing activities in Zoombicycles.com may include, but are not limited to, the following:
- Posting identical, near duplicate, or otherwise, variant listings for the same item/service
- Posting identical ads in the same category and location.
- Posting an ad with inappropriate links, titles, descriptions, or unauthorized use of content to which the person posting does not have rights.
- Posting an ad for the sole purpose of collecting user information or raising money.
- Posting an ad that contains unsolicited or unauthorized advertising or promotional materials. This may include an ad that instruct the user(s) to contact the person/company posting the ad for more information and then require the user to pay a fee for that information.
- Posting a job ad that requires a monetary investment by the user at any time.
- Posting an ad that requires a user to register before getting detailed information about the product or position.
- Posting an ad through unauthorized robots (crawling software).
- Soliciting a Zoombicycles.com user to post an ad in another classifieds site.
Zoombicycles.com users do not appreciate spam. Spamming gives you and your service a bad name and decreases the effectiveness of your ads. Zoombicycles.com may take corrective action, at our discretion, when prohibited activities or other misuses of the service become apparent.
JUNK ADS
At Zoombicycles.com, we offer free classified listings. This does not mean that we accept spam or junk ads that are not only unwanted, but are also rarely viewed. Our classified ads have value; hence, they are for serious buyers and sellers. Your ad should genuinely reveal your item or service; this creates trust on your part and it will only assist you in the sale of your product.
Zoombicycles.com reserves the right to reject an ad or even ban a member who does not adhere to our user agreement in order to help safeguard our community of buyers and sellers. Please see "prohibited items/services" and "spam". In addition, classified ads for, containing, or linking to the following will not be accepted:
- Explicit adult products or services
- "Income Guarantees", "Get-Rich-Quick Schemes", or unrealistic claims
- Chain marketing
- Stuffing envelopes, ad typing, or similar ventures
- Pyramids or binary schemes
INDEMNITY
You agree to defend, indemnify and hold Zoombicycles.com and its officers, directors and employees harmless from and against any and all claims made by or liabilities to any third party resulting from any activities conducted under your membership or your use or misuse of our services. This includes, but not limited to, posting content on Zoombicycles.com, entering into transactions with other members, contacting others pertaining to their ad(s), infringing a third party's intellectual property or other rights, failing to deliver goods or payment after a sale agreement or otherwise arising out of your breach of this Agreement.
COPYRIGHT
All content included on this web site, including text, graphics, logos, buttons, icons, and images, is the property of Zoombicycles.com, its licensors or its content suppliers, and is protected by Canadian and international copyright and trademark laws. The compilation of all content on this web site is the exclusive property of Zoombicycles.com and is protected by Canadian and international copyright laws. All software used on this site is the property of Zoombicycles.com or its suppliers and is protected by Canadian and international copyright laws. The content and software on this site may be used as a shopping resource. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of this web site, or use this web site for any other purpose.
TRADEMARKS
Zoombicycles.com, the Zoombicycles.com logo and all trademarks, service-marks, and trade names appearing on the site are the property of Zoombicycles.com or their respective owners that have granted Zoombicycles.com the right to use such marks.
USE OF INFORMATION AND SERVICES
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZOOMBICYCLES.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, ZOOMBICYCLES.COM DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL ZOOMBICYCLES.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE OF THIS SITE OR THE PROVISION OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, EVEN IF ZOOMBICYCLES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ZOOMBICYCLES.COM'S RIGHT TO TERMINATE
Zoombicycles.com, in its sole discretion, may terminate any classified listing or your Zoombicycles.com user ID immediately and without notice if (a) Zoombicycles.com believes that you have acted inconsistently with the spirit or the letter of the Zoombicycles.com terms and conditions of service, or (b) Zoombicycles.com believes you have violated or tried to violate the rights of others, or (c) Zoombicycles.com believes you have conducted fraudulent activities on Zoombicycles.com. No refund will be given upon termination of classified listings or user ID accounts. From time to time, Zoombicycles.com may amend its terms and conditions to enhance our services with or without notices. Your continue use of Zoombicycles.com services will indicate your acceptance of the updated terms and conditions of the agreement. It is recommended that you review our terms and conditions periodically. This agreement was last updated on September 22, 2008.
Zoombicycles.com reserve the right to change or discontinue some or all of our services at any time with or without notice.
Please help us keep Zoombicycles.com a safe and enjoyable site. If you see a listing that violates our rules, please notify us immediately.
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