VendAnything.com

Terms and Conditions (User Agreement)

                                                                                                                                                          

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Disclaimer

The materials on VendAnything.com's web site are provided "as is". VendAnything.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, VendAnything.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

3. Limitations

In no event shall VendAnything.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on VendAnything.com's Internet site, even if VendAnything.com or a VendAnything.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Revisions and Errata

The materials appearing on VendAnything.com's web site could include technical, typographical, or photographic errors. VendAnything.com does not warrant that any of the materials on its web site are accurate, complete, or current. VendAnything.com may make changes to the materials contained on its web site at any time without notice. VendAnything.com does not, however, make any commitment to update the materials.

5. Links

VendAnything.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VendAnything.com of the site. Use of any such linked web site is at the user's own risk.

6. Site Terms of Use Modifications

VendAnything.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

7. Governing Law

Any claim relating to VendAnything.com's web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.  We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

8. Use of Vendanything.com

While using VendAnything.com you agree to only post in the appropriate category or area and will not do any of the following:

  • violate any laws or the VendAnything.com Policies;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm VendAnything.com or the interests or property of VendAnything.com users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of VendAnything.com;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot, spider, scraper or other automated means to access VendAnything.com and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to VendAnything.com.

9. Abusing VendAnything.com.

Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off VendAnything.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off VendAnything.com or not, we do not accept any liability for monitoring VendAnything.com or for unauthorized or unlawful content on VendAnything.com or use of VendAnything.com by users.

10. Extended Marketplace.

VendAnything.com may partner with third-party websites so that your ad may be displayed on a wider array of venues or information vehicles. If your ad is flagged on any of these sites or believed it causes problems or violates any law or policy, it will be removed.

11. Fees and Services.

Using VendAnything.com is generally free. We may charge fees for certain services. If the service you use charges a fee, you'll be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).

12. Content.

VendAnything.com contains stuff from us, you, and other users. You agree not to copy, modify, or distribute VendAnything.com, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify us at admin@vendanything.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party's rights.

13. Reporting Intellectual Property Infringements (VendAnything.com Notice and Take Down Program)

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to VendAnything.com that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through VendAnything.com's Notice and Take Down Program.

If you have a good faith belief that a listing on VendAnything.com infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact us at admin@vendanything.com

14. Liability.

You agree not to hold us responsible for things other users post or do. As most of the stuff on VendAnything.com comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of VendAnything.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars.

15. Personal Information.

By using VendAnything.com, you agree to the collection, transfer, storage and use of your personal information by VendAnything.com (the "data controller") on servers located in the United States, and in the European Union as further described in our privacy policy.

16. General.

These terms and the other policies posted on VendAnything.com constitute the entire agreement between VendAnything.com and you, superseding any prior agreements. This agreement is governed by the laws of the Netherlands. We both submit to the non-exclusive jurisdiction of the courts of Amsterdam, The Netherlands. This won't affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

VendAnything.com
PO Box 24066
Knoxville, TN 37933

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to admin@vendanything.com