Terms of Use
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By using the Moq7.com web site ("Moq7" or the “Site”), a service of Moq7, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site.
Before you may become a member of Moq7, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on Dec 5, 2008 for current users, and upon acceptance for new users.
1. Moq7 is a Venue
Moq7 acts as a venue to allow users who comply with Moq7’s policies to offer, sell, and buy certain goods within a fixed price format. Moq7 is not directly involved in the transaction between buyers and sellers. As a result, Moq7 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. Moq7 does not pre-screen users or the content or information provided by users. Moq7 cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Moq7 does not transfer legal ownership of items from the seller to the buyer. Etsy cannot guarantee the true identity, age, and nationality of a user. Moq7 encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that Moq7 is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Moq7. You use the Moq7 service at your own risk.
2. Membership Eligibility
Age: Moq7 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. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
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 Moq7’s policies as stated in the Agreement and these Moq7 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 Moq7 of any unauthorized use of your password or any breach of security. You also agree that Moq7 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 Moq7, you must have a valid credit card on file with Moq7 at all times.
Account Transfer: You may not transfer or sell your Moq7 account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Moq7's services are not available to temporarily or indefinitely suspended Moq7 members. Moq7 reserves the right, in Moq7’s sole discretion, to cancel unconfirmed or inactive accounts. Moq7 reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Moq7 is free. Moq7 charges fees for listing an item for sale, as well as 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. Moq7's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Moq7’s services are effective after Moq7 provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Moq7 may choose to temporarily change the Fees Policy and the fees for Moq7's services for promotional events (for example, free listing days); such changes are effective when Moq7 posts the temporary promotional event on the Site. Moq7 may, at Moq7's sole discretion, change some or all of Moq7's services at any time. In the event Moq7 introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees associated with using Moq7. Moq7 keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. 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 account.
Fees and Termination: If Moq7 terminates your account, if you close your account, or if the payment of your Moq7 fees cannot be completed for any reason, you remain obligated to pay Moq7 for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Moq7.
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 Moq7’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 Moq7 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. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Moq7 shop. 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 shop policies must comply with Moq7’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Moq7 reserves the right to request that a seller modify a shop 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 Moq7 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 Moq7 and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Moq7.
Restricted Activities: Your Content and your use of Moq7 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 or rights of publicity or privacy (See also, Moq7’s Copyright and Intellectual Property Policy
Violate this Agreement, any site policy or community guidelines, 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 by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Moq7 staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
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 Moq7 or modify another website so as to falsely imply that it is associated with Moq7;
Appear to create liability for Moq7 or cause Moq7 to lose (in whole or in part) the services of Moq7’s ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Moq7.
Furthermore, you may not list any item on Moq7 (or consummate any transaction that was initiated using Moq7’s service) that, by paying to Moq7 the listing fee or the final value fee, could cause Moq7 to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: Moq7 does not claim ownership rights in your Content. You grant Moq7 a license solely to enable Moq7 to use any information or Content you supply Moq7 with, so that Moq7 is not violating any rights you might have in that Content. You grant Moq7 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 Moq7 to store or re-format your Content on Moq7 and display your Content on Moq7 in any way as Moq7 chooses. Moq7 will only use personal information in accordance with Moq7's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Moq7 user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Moq7-related communications. Moq7 has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Moq7 user to your email or physical mail list. For more information, see Moq7’s Privacy Policy.
Re-Posting Content: By posting Content on Moq7, it is possible for an outside website or a third party to re-post that Content. You agree to hold Moq7 harmless for any dispute concerning this use. If you choose to display your own Moq7-hosted image on another website, the image must provide a link back to its listing page on Moq7.
7. Information Control
Moq7 does not control the Content provided by users that is made available on Moq7. 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. By using Moq7, you agree to accept such risks and that Moq7 (and Moq7’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Moq7. Please use caution, common sense, and practice safe buying and selling when using Moq7.
Other Resources: Moq7 is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Moq7 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 Moq7 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. Meetings
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Moq7’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Moq7 is not involved with user generated groups, the groups’ requirements, or the Meetings.
Moq7 does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Moq7 does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Moq7 may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. MOQ7 IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO MOQ7; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY MOQ7, AND MOQ7 HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT MOQ7 IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ETSY USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Moq7, please contact Moq7.
Should you have a dispute with one or more users, or an outside party, you release Moq7 (and Moq7'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. Moq7 encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Moq7, for the benefit of users, may try to help users resolve disputes. Moq7 does so in Moq7’s sole discretion, and Moq7 has no obligation to resolve disputes between users or between users and outside parties. To the extent that Moq7 attempts to resolve a dispute, moq7 will do so in good faith based solely on Moq7’s policies. Moq7 will not make judgments regarding legal issues or claims.
10. Moq's Intellectual Property
Moq7, and other Moq7 graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Moq7, Inc. in the U.S. and/or other countries. Moq7'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.
11. Access and Interference
Moq7 may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Moq7 is updated on a real-time basis and is proprietary or is licensed to Moq7 by Moq7's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Moq7 for any purpose without Moq7’s prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Moq7’s sole discretion, an unreasonable or disproportionately large load on Moq7’s infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses without the prior expressed written permission of Moq7 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 moq7’s robot exclusion headers or other measures Moq7 may use to prevent or restrict access to Moq7
12. Breach
Without limiting any other remedies, Moq7 may, without notice, and without refunding any fees, delay or immediately remove Content, warn Moq7’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:
Moq7 suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Moq7 is unable to verify or authenticate any of your personal information or Content; Or Moq7 believes that a user is acting inconsistently with the letter or spirit of Moq7’s policies, has engaged in improper or fraudulent activity in connection with Moq7 or the actions may cause legal liability or financial loss to Moq7's users or to Moq7.
13. Privacy
Except as provided in Moq7’s Privacy Policy Moq7 will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Moq7 stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
14. No Warranty
MOQ7, MOQ7'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MOQ7'S SUPPLIERS PROVIDE MOQ7'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MOQ7, MOQ7'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MOQ7'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 ETSY 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.
15. Liabiity Limit
IN NO EVENT SHALL MOQ7, AND (AS APPLICABLE) MOQ7'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MOQ7'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, EMOQ7’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MOQ7'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MOQ7Y'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 PAY TO MOQ7 IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD MOQ7 AND (AS APPLICABLE) MOQ7'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.
17. No Guaranty
Moq7 does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Moq7’s control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Moq7’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
19. 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.
20. No Agency
You and Moq7 are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Service
Moq7 reserves the right to modify or terminate the Moq7 service for any reason, without notice, at any time. Moq7 reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Moq7 will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Moq7's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
23. Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Moq7’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Moq7 Attn: Legal Department; 36 east 29th, New York, NY 10016 (in the case of Moq7) or, in your case, to the email address you provide to Moq7 (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, Moq7 may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Moq7. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Moq7’s Copyright and Intellectual Property Policy.
25. Disclosures
The services hereunder are offered by Moq7 Inc., located at 36 East 29th street, New York, NY 10016. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
