PODAGAS is a Market Place
PODAGAS acts as a market place to allow users, who comply with PODAGAS’ policies to offer, sell and buy certain goods within a fixed-price format. PODAGAS is not directly involved in the transaction between buyers and sellers. As a result, PODAGAS has no control over the quality, safety, 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. PODAGAS does not pre-screen users (except for services that require an application) or the content or information provided by users. PODAGAS cannot ensure that a buyer or seller will actually complete a transaction. Consequently, PODAGAS does not transfer legal ownership of items from the seller to the buyer. PODAGAS cannot guarantee the true identity, age, and nationality of a user. PODAGAS 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 PODAGAS 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 PODAGAS. You use the PODAGAS service at your own risk.
If you use any PODAGAS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PODAGAS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PODAGAS Services only with involvement of a parent or guardian. PODAGAS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 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 PODAGAS you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. Account Transfer: You may not transfer or sell your PODAGAS 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:
PODAGAS’ services are not available to temporarily or indefinitely suspended PODAGAS members. PODAGAS reserves the right, in PODAGAS’ sole discretion, to cancel unconfirmed or inactive accounts. PODAGAS reserves the right to refuse service to anyone, for any reason, at any time.
Fees and Billing
Joining and setting up a shop on PODAGAS is. PODAGAS charges a percentage of the sale price when the item sells. PODAGAS’ Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for PODAGAS’ services are effective after PODAGAS provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, PODAGAS may choose to temporarily change the Fees Policy and the fees for PODAGAS’ services for promotional events; such changes are effective when PODAGAS posts the temporary promotional event on the Site. PODAGAS may, at PODAGAS’ sole discretion, change some or all of PODAGAS’ services at any time. In the event PODAGAS 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). In certain situations, including but not limited to a void or invalid transaction, PODAGAS may issue a credit for the applicable fees to a seller’s billing statement. You are responsible for paying all fees and applicable taxes associated with using PODAGAS. PODAGAS provides plans for both automatic and manual bill payment as outlined in PODAGAS’ Billing Policy. PODAGAS’ will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. Fees and Termination: If PODAGAS terminates a listing or your account, if you close your account, or if the payment of your PODAGAS fees cannot be completed for any reason, you remain obligated to pay PODAGAS for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge please CONTACT PODAGAS.
Listing and Selling Listing Description:
By listing an item on the Site, you warrant that you and all aspects of the item comply with PODAGAS’ published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your PODAGAS shop. Your listings may 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. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sellers are urged to outline shop policies for their PODAGAS 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 PODAGAS’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. PODAGAS reserves the right to request that a seller modify a shop policy.
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. 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.
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 PODAGAS transaction fees, misrepresent the item’s location, or use another user’s account without permission. Prohibited, Questionable and Infringing Items and Activities You are solely responsible for your conduct and activities on and regarding to PODAGAS 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 PODAGAS must comply to our compliance and guidelines. Restricted Activities: Your Content and your use of PODAGAS 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
- Violate this Agreement, PODAGAS’ GUIDELINES, 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 PODAGAS 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
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene contain derogatory language 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 PODAGAS or modify another website so as to falsely imply that it is associated with PODAGAS;
- Appear to create liability for PODAGAS or cause PODAGAS to lose (in whole or in part) the services of PODAGAS’ ISPs or other suppliers
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PODAGAS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PODAGAS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PODAGAS and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PODAGAS for all claims resulting from content you supply. PODAGAS has the right but not the obligation to monitor and edit or remove any activity or content. PODAGAS takes no responsibility and assumes no liability for any content posted by you or any third party. Please use caution, common sense, and practice safe buying and selling when using PODAGAS. Other Resources: PODAGAS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. PODAGAS 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 PODAGAS 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. Resolution of Disputes Any dispute or claim relating in any way to your use of any PODAGAS Service, or to any products or services sold or distributed through Podagas.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. You release PODAGAS (and PODAGAS’ 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 disputes with one or more users, or an outside party.
PODAGAS’ Intellectual Property
PODAGAS, and other PODAGAS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PODAGAS, Inc. in the U.S. and/or other countries. PODAGAS’ 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.
Access and Interference
- Take any action that imposes, or may impose, in PODAGAS’ sole discretion, an unreasonable or disproportionately large load on PODAGAS’ infrastructure
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass PODAGAS’ robot exclusion headers or other measures PODAGAS may use to prevent or restrict access to PODAGAS.