Updated May 12, 2014
These Terms of Service (“Terms“) govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services“), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You may use the Services only if you can form a binding contract with Soldsie and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Soldsie provides are always evolving and the form and nature of the Services that Soldsie provides may change from time to time without prior notice to you. In addition, Soldsie may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
1. Description of the Services
Soldsie is a point-of-sale platform that allows individuals or businesses (“Seller(s)“) to market and sell goods to interested buyers (“Customer(s)“) through social media services, such as Facebook and Instagram, using image comments. Soldsie is not directly involved in the transaction between Customers and Sellers. As a result, Soldsie 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 Customers to pay for items. Soldsie does not pre-screen users or the content or information provided by users. Soldsie cannot ensure that Customers or Sellers will actually complete a transaction.
Consequently, Soldsie does not transfer legal ownership of items from Sellers to Customers.
Soldsie cannot guarantee the true identity, age, and nationality of a user. Soldsie encourages you to communicate directly with potential transaction partners through email or the tools available on the social media service you choose to use in association with the Services. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
2. License to Use the Services
Soldsie gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Soldsie as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Soldsie, in the manner permitted by these Terms.
- Eligibility. The Services are not intended for children under 13 years of age. If you are 13 – 18 years old, you may use the Services only with the involvement of a parent or guardian. You must keep your account information up-to-date and accurate at all times, including a valid email address. To use the Services to sell items, you must provide and maintain either a Business Facebook Page or an Instagram account, as well as valid payment information such as a valid WePay account or a valid PayPal account. You may not transfer or sell your Soldsie account and User ID to another party. You may not use another user’s account without permission. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. The Services are not available to temporarily or indefinitely suspended Soldsie accounts. Soldsie reserves the right, in Soldsie’s sole discretion, to cancel unconfirmed or inactive accounts. Similarly, Soldsie may refuse service, in Soldsie’s sole discretion, to anyone, for any reason, at any time.
- Passwords. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Soldsie cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
5. Payment & Billing
- Billing Process. Customers connect to the Services through a Seller’s Facebook Business Page or Instagram feed. When a Customer places an order for an item by leaving a comment stating “Sold” on a Seller’s image listing, either the respective Seller or Soldsie, on Seller’s behalf, will send an invoice to Customer. In either instance, Soldsie will manage the payment status of the invoice, and track item inventory on behalf of Seller.
- Payment Process. When a Customer pays their invoice the Service, a deposit is made within fifteen (15) days to the respective Seller’s Business PayPal or Business WePay account. An applicable processing fee may be applied to payments to Sellers prior to deposit in the Seller’s bank account.
- Authorization. By agreeing to these terms, Customers are giving Soldsie permission to charge their on-file credit card, PayPal account, or other approved methods of payment for fees that Customers authorize for Soldsie. Customers authorize Soldsie to charge them the full amount owed to any Seller via the Service, as well as Soldsie’s processing fee, if any.
- Fees. You are responsible for all fees, including taxes, associated with your use of the Service. Customers using the Services, agree to pay Sellers through the Services the amount agreed on in the listing and reflected on the invoice, unless you dispute the matter by sending an email to firstname.lastname@example.org. Any fees paid hereunder are non-refundable.
- Soldsie’s Responsibilities. Soldsie agrees to present Customers with a full invoice of each charge in advance of charging their credit card or PayPal account. Soldsie agrees to pay the applicable Seller the amount received, less Soldsie’s processing fee, if any.
6. Listing & Selling
All items offered through the Services must be for sale. By listing an item through the Services a Seller warrants that the Seller and all aspects of the item comply with Soldsie’s published policies. The Seller also warrants that he, she, or it may legally sell the item. Sellers must accurately describe their items and all terms of sale in their listings. A Seller’s listing may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item(s) for sale in that listing. If multiple quantities of an item are made available through a single listing, all items in that listing must be identical. In other words, each unique item must have its own listing.
Sellers are urged to outline their terms of sale for their Soldsie listings. These terms may include, for example, shipping, returns, payment and selling terms. Sellers must create reasonable terms in good faith and must abide by such terms. All listing terms must comply with Soldsie’s Terms and policies. Sellers are responsible for enforcing their own reasonable policies. Soldsie reserves the right to request that a Seller modify their policies.
Sellers are responsible for accurately listing their items, and Customers are responsible for reading an item’s description before making a purchase. All sales are binding. Sellers are obligated to ship orders or otherwise complete the transactions with Customers in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Customer fails to meet the terms of the Seller’s listing (such as payment method), or (b) the Seller cannot authenticate the Customer’s identity. The Customer is obligated to deliver appropriate payment for items purchased.
The price stated in each listing description must be an accurate representation of the sale. Sellers may not misrepresent an item’s location, charge excessive shipping fees, alter an item’s price after a sale for the purpose of avoiding Soldsie processing fees, or otherwise avoid Soldsie’s processing fee.
7. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Soldsie be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
8. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Soldsie a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Soldsie to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Soldsie for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Soldsie, or other companies, organizations or individuals who partner with Soldsie, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Soldsie will not be responsible or liable for any use of your Content by Soldsie in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
9. Soldsie Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Soldsie and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Soldsie name or any of the Soldsie trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Soldsie, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Restrictions on the Content and Use of Services
- Restrictions on Content. Your content shall not: (i) be false, inaccurate, or misleading; (ii) be fraudulent or involve the sale of illegal, counterfeit or stolen items; (iii) infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) violate these Terms, any Soldsie policies or 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); (v) 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; (vi) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Soldsie staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of a similar email address, nickname, creation of a false account or any other method or device; (vii) interfere with a Seller’s business or listings; or (viii) take any action that may undermine online reviews or feedback.
- Restrictions on Use. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Soldsie’s computer systems, or the technical delivery systems of Soldsie’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Soldsie (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Soldsie (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Soldsie is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) host images not part of a listing; (vii) appear to create liability for Soldsie or cause Soldsie to lose (in whole or in part) the services of Soldsie’s ISPs or other suppliers; (viii) link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy or guideline documents as posted on Soldsie; or (ix) list any item for sale through the Services that, by paying to Soldsie the listing fee or the final value fee, could cause Soldsie to violate any applicable law, statute, ordinance or regulation, or that violates the Terms.
11. Copyright Policy
Soldsie respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- 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 us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Soldsie will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
548 Market Street #87183
San Francisco, CA 94114
The Terms will continue to apply until terminated by either you or Soldsie as follows. You may end your legal agreement with Soldsie at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Soldsie when you stop using the Services. If you stop using the Services without deactivating your account, your account may be deactivated due to prolonged inactivity.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any Soldsie policy or guideline, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
If Soldsie terminates a listing or your account, if you close your account, or if the payment of your Soldsie fees cannot be completed for any reason, you remain obligated to pay Soldsie for all unpaid fees plus any penalties, if applicable.
13. Disclaimers and Limitations on Liability
Please read this section carefully since it limits the liability of Soldsie and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Soldsie Entities“). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services Are Available “AS-IS.” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SOLDSIE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.The Soldsie Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Soldsie Entities or through the Services, will create any warranty not expressly made herein.
- Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that the Soldsie Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Soldsie Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOLDSIE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SOLDSIE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SOLDSIE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SOLDSIE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. User Disputes
In the event a dispute arises between you and another user or a third party, Soldsie encourages you to contact the user or third party to resolve the dispute amicably.
If a Customer and Seller are unable to resolve a dispute resulting from a transaction that occurs through the Services, they may choose to enlist Soldsie’s mediation services in order to resolve the dispute. Cases are escalated for review and resolution by Soldsie. Soldsie provides mediation for the benefit of users. Soldsie does so in Soldsie’s sole discretion, and Soldsie has no obligation to resolve disputes between users or between users and outside parties. To the extent that Soldsie attempts to resolve a dispute, Soldsie will do so in good faith based solely on Soldsie’s policies. Soldsie will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release the Soldsie Entities 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.
15. California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- Pricing Information. Current rates for our services may be obtained by calling us at 415-735-3305, or by sending an email to email@example.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
- Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
16. General Terms
- Severability; Waiver. The failure of Soldsie to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We may revise these Terms from time to time, the most current version will always be at http://new.soldsie.com/terms-conditions/. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Soldsie, Inc., 1547 Mission St, San Francisco, CA 94103. If you have any questions about these Terms, please contact us.