PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TRADESTUFF HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TRADESTUFF TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
Welcome to the TradeStuff website (“Site”) and mobile application (“App” and collectively referred to as the “Services”). These Terms set forth the agreement between SeaSun Ventures Inc d/b/a TradeStuff, its parent, subsidiaries and other affiliated companies (collectively, “TradeStuff” or “we”) and each user (“you” or “user”) governing the use by you of the Services. Please read these Terms carefully before using the Services. TradeStuff offers a platform where users may barter and trade a wide variety of goods and products.
- CREATING A TRADESTUFF ACCOUNT
1.1 Geographical Use
TradeStuff is initially launching only in the United States. Although this App and Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this App or Site are appropriate or available for use in locations outside the United States of America. We make no claims that the Site, App or any of the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Services are intended to be used by adults at least 18 years of age. If you are a minor, you may not access or register an account with the Services. Please, if you are a minor, stop using the Services and uninstall the App. You further warrant that you are at least 18 years of age. In the event that the information you provide in this regard is not truthful, TradeStuff shall not be liable as it cannot certainty verify the age of the users.
1.3 Account Security
By opening an account, you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify TradeStuff of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TradeStuff will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
1.4 Account Termination by TradeStuff
To the fullest extent permitted by applicable law, TradeStuff reserves the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates these Terms or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) any policy or practice of TradeStuff in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
1.5 Termination by User
You may deactivate or remove your account at any time for any reason by opening a support ticket at help.tradestuff.com. Please allow up to ten (10) days for TradeStuff to deactivate and remove your account.
- CREATING CONTENT AND USING TRADESTUFF
2.1 Posting User Content
TradeStuff may permit registered users to post content on or through the Services, including descriptions, questions, comments, reviews, photos, videos, and other materials (“User Content”). You understand and agree that TradeStuff does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Services that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against TradeStuff arising from or relating to User Content.
If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name submitted through the registration process) will be available to the public. If you register with us via a third-party account such as Facebook or Google, your TradeStuff profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms.
You are solely responsible for your User Content and the consequences of posting your User Content to the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post or submit and to grant TradeStuff the licenses and rights set forth in these Terms.
You retain all rights in and to the User Content you post or submit to the Services. However, by posting or submitting User Content, you hereby grant TradeStuff a perpetual, nonexclusive, royalty-free, transferable, sublicensable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Services and TradeStuff’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Services (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant TradeStuff a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, content and statements in connection with your User Content and any derivative works thereof, including to promote or advertise the Services or the products and services of affiliates, advertisers and other third parties. This means, for example, that you permit a business or other entity to pay us to display your name and/or picture with your content or information, without any compensation to you. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and Services of TradeStuff or any other TradeStuff or product that is addressed in your User Content.
2.2 Prohibited Items
TradeStuff prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level. Some examples of items that are not allowed include, but are not limited to the following:
- Photos that do not show the item clearly.
- Internet photos not taken or owned by yourself.
- Items infringing on trademarks, copyrights or any other IP rights of third parties.
- Items that are perishable (food etc.) or live animals.
- Photo or text containing a reference to another website, mobile application or merchant.
- Items that are defective or of poor quality.
- An item listed as “free” but is not intended to be given away.
- There is no realistic price set for the item.
- Duplicated listings
- Other items that are specifically prohibited include:
- Alcoholic Beverages
- Blood, Bodily Fluids and Body Parts
- Burglary Tools
- Controlled chemical substances (such as cadmium, mercury, acids)
- Counterfeit currency, stamps or coins
- Counterfeit Products
- Databases containing personal data
- Electronic Surveillance Equipment
- Embargoed Goods
- Government, official and Transit Uniforms, IDs and Licenses
- Illegal Drugs and Drug Paraphernalia
- All types of illegal services and products
- Hacking tools
- Hazardous Materials
- Fireworks, Destructive Devices and Explosives
- Identity Documents, Personal Financial Records and Personal Information (in any form, including mailing lists).
- Items received through Government assistance
- Items which encourage or facilitate illegal activity
- Lottery Tickets, Sweepstakes Entries and Slot Machines
- Obscene Material and all types of Pornography
- All type of offensive material
- Pictures or images that contain frontal nudity
- Police and Other Security Forces Badges and Uniforms
- Prescription Drugs, medicines, supplements and Devices
- Recalled items
- Sexually suggestive clothing including but not limited to underwear, lingerie, bathing suits and erotic costumes
- Stocks and Other Securities
- Stolen Property
- Tobacco Products (including vapes and e cigarettes)
- Used Cosmetics
- Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons).
In addition, TradeStuff reserves the right to remove any listings that we consider inappropriate, unfit for posting, or unrelated in any way. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items. If you see an item that violates these Terms, please use the “Flag” option next to the advertisement to bring a listing to our attention.
2.3 Prohibited Uses
As a condition of use, you promise not to use the Services, specifically the chat and posting features, for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by TradeStuff. We allow you to chat with other users solely for the purpose of trading goods and products. Including the following, but not limited to, you agree not to use the Services or the chat feature of the Services for any of the following purposes:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To violate these Terms;
- To circumvent the Services as provided by TradeStuff or receive TradeStuff trade secret or other confidential information;
- To breach any other agreements you enter into with third parties;
- To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;
- For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Services;
- To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Services;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To post copyrighted content that does not belong to you;
- You agree not to use any robot, spider, scraper or other automated means to access or use the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures we may use to prevent or restrict Services access;
- To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
- To advocate encourage, or assist any third-party in doing any of the foregoing.
2.4 Payment and Refunds
All financial transactions will be made through Stripe. Payment for your account is required before you are able to post an item up for trade or make an offer. TradeStuff will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via Stripe. TradeStuff will also not be liable for any damages of any kind arising from the use of Stripe, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. TradeStuff will not be liable for any breach of your personal or credit card information resulting from the interception of such information during its transmission to Stripe. You expressly agree that your use of Stripe is at your sole risk.
A user can request a refund for any reason within 30 days of registration of an account, or in the event of a dispute, up to the amount awarded in dispute resolution within 6 months of the purchase of the disputed good. Trades are binding and cannot be returned. A Trade Route can be disputed through mediation with a claim against Stake in the amount of the disputed good’s value.
2.5 Purchasing Stake
Account Stake serves as your membership fee and equates to trading eligibility as well as a mechanism for incentivizing good behavior between users involved in trade, while weeding out bad actors. For each individual stuff to be eligible for trade in the marketplace, the account must have Stake available equal to or greater than the value of the posted items. For example, an account with $20 in Stake can add any number of stuff with a value equal to or less than $20, regardless of the total sum of value of all stuff.
When eligible stuff enters into a trade, Stake in the amount of the stuff’s value becomes “locked”, thereby deducting the locked amount from the account’s available Stake. Any existing or added stuff with value greater than the current available Stake amount will become ineligible for trade.
When the demanding (receiving) party in a trade route confirms acceptance of received stuff, the corresponding stake of the supplying (delivering) party is unlocked and added back to their available Stake. In the event of a dispute, the locked Stake of the supplying party will remain locked until a moderator reaches dispute resolution.
Stake may be unlocked or transferred to the awarded party according to the dispute resolution by the assigned moderator. For more details see the dispute resolution section. Stake only serves as a membership fee and cannot be redeemed for currency, nor does it have any monetary value. Stake may not be withdrawn or transferred to different account.
2.6 Making Trade Offers
The TradeStuff algorithm scans through trade offers looking for potential bilateral or multilateral trades and creates trades as soon as they’re identified, made up of two offers in a bilateral trade and multiple trade offers in a multilateral trade. In a trade, each involved party is instructed to ship their item to a specific address. Trade offers must be active and have sufficient Stake to be eligible for trade. An options algorithm scans existing offers and generates trade options as they are identified. When a user accepts a trade option, a binding trade is created. When a trade is created, the involved stuff and Stake equivalent to the value of the stuff becomes locked until a trade is confirmed compete by all involved parties or a dispute is filed for dispute resolution moderation.
2.7 Making Trade Offers
IMPORTANT: Trade offers are a binding agreement to deliver the proposed supply in exchange for receiving the proposed demand. When a trade offer is accepted, it becomes a binding trade and parties are instructed to ship their item to the specified address.
To make a trade offer, click on the stuff of interest to open the stuff details page. Note the “Minimum Offer Value” which indicates the minimum value that offered stuff must have. Click on the MAKE OFFER button and select the eligible stuff to offer in trade and click the SUBMIT OFFER button. Ineligible stuff that does not meet the minimum offer value requirements will not be displayed. Important: Making an offer represents that you agree to deliver the offered stuff via shipping (you pay shipping expenses) to any US address to be disclosed upon trade.
2.8 Entering Binding Trades
In the event a third party accepts your offer, a trade will be automatically created, the status of associated stuff will become “locked”, and Stake in the amount of each Stuff’s value will become locked. When a trade is created, users involved in the trade will be notified by email and a red indicator dot will appear on the top right of the TRADE navigation icon. Each party is provided a delivery shipping address and is required to pay the cost of shipping their own stuff to the receiving party.
2.9 Expiration of a Trade Offer
Trade offers are good for 48 hours, then they expire. Offers that are expired are invalid and cannot result in a trade. To renew an expired offer, navigate to the SENT OFFERS page and click on the EXPIRED tab. Click on the offer to open the offer details page, and click on the RENEW button on the bottom of the page. This will renew the offer for another 48 hours.
2.10 Cancelling a Trade Offer
An active trade offer may be cancelled anytime by its creator if it has not yet been confirmed into a trade. Once an offer is confirmed into a trade, the offer cannot be cancelled. The stuff must be delivered according to the trade. To cancel an offer that has not been confirmed into a trade, navigate to the SENT OFFERS page and click on the offer to open the offer detail page. From the offer details page, click DELETE button to cancel this offer.
2.11 Trade Dispute Resolution
Each party in a trade is both a “Demandant” and a “Supplier”. Each delivery from the Supplier to the Demandant is called a “Trade Route”. A bilateral trade consists of two Trade Routes, with two involved parties supplying to the other. A multilateral trade involves multiple users and multiple Trade Routes.
A specific Trade Route can be disputed by either the Supplier or Demandant of that route for any of the following reasons, referred to as Claim Type:
- Stuff not delivered, overdue delivery.
- Stuff delivered, not as described.
- Stuff delivered, broken or defective.
- Stuff delivered, damaged by carrier.
- Stuff delivered, recipient non-responsive.
When a dispute is opened, a Claim Type is specified by each party which sets their position in the dispute. Evidence must be provided, when applicable, as proof of the claim being made. The details of each dispute are randomly assigned to a Moderator who reviews the provided claim and evidence from each party and awards a resolution to resolve the dispute. If a Moderator awards a resolution in favor of the Supplier, the locked Stake in the Trade Route is unlocked and made available to the Supplier, and the stuff listing is transferred to the Demandants account with an inactive status. If a Moderator awards a resolution in favor of the Demandant, the locked Stake in the Trade Route is unlocked and awarded to the Demandant, and the stuff listing is burned (deleted). In such case, the Supplier will lose the Stake and the Demandant will gain the Stake.
Parties involved in trade can communicate with the Moderator within the dispute details page to provide details and ask questions. Moderator resolutions are final and binding; however, a party in a dispute may submit an appeal if they believe the moderator acted in bad faith. To open an appeal, navigate to help.tradestuff.com and open a support ticket along with details.
A Moderator is a third party person, selected by TradeStuff staff. A moderator is selected based on the following criteria: Responsive, Trustworthy, Unbiased, Fair and Diligent.
3.1 Changes to Services
The TradeStuff reserves the right to:
- change or remove (temporarily or permanently) the Services provided by the Services the App, the Site or any part of it without notice and you confirm that TradeStuff shall not be liable to you for any such change or removal; and
- change these Terms at any time, and your continued use of the Service following any changes shall be deemed to be your acceptance of such change.
3.2 Intellectual Property:
All intellectual property rights in the Services shall be owned by TradeStuff absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, TradeStuff or product names set forth in the Services are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of TradeStuff. TradeStuff shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
TradeStuff and other TradeStuff logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of TradeStuff in the United States and/or other countries (collectively, the “TradeStuff Marks”).
You acknowledge that TradeStuff is the owner and licensor of the TradeStuff Marks, including all goodwill associated therewith, and that your use of the TradeStuff Marks will confer no additional interest in or ownership of the TradeStuff Marks in you but rather inures to the benefit of TradeStuff.
You agree that you will not: (1) create any materials that use the TradeStuff Marks or any derivatives of the TradeStuff Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by TradeStuff in writing; (2) use the TradeStuff Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the TradeStuff Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair TradeStuff’s rights as owner of the TradeStuff Marks or the legality and/or enforceability of the TradeStuff Marks, including, challenging or opposing TradeStuff’s ownership in the TradeStuff Marks; (4) apply for trademark registration or renewal of trademark registration of any of the TradeStuff Marks, any derivative of the TradeStuff Marks, any combination of the TradeStuff Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the TradeStuff Marks; (5) use the TradeStuff Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
3.3 User License
The Services are owned and operated by TradeStuff. Unless otherwise indicated, all content, information, and other materials on the Services, including, without limitation, TradeStuff’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Services are the property of TradeStuff or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by TradeStuff, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Services for your personal use only.
TradeStuff reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of the Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Services, the Materials, or any information contained in them, except as expressly permitted on the Services; or (f) any use of the Services or the Materials except for their intended purposes. Any use of the Services or the Materials except as specifically authorized in these Terms, without the prior written permission of TradeStuff, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.
In addition, you hereby grant TradeStuff a non-exclusive license in perpetuity to use all copyrights, trademarks and any other materials you may own and/or display on the Services for the purpose of our marketing or social media use. However, TradeStuff assumes no responsibility for the intellectual property rights of the content that seller users include in the listings of its products.
3.4 Disclaimer of Warranties; Limitation of Liability
TradeStuff does not assume any responsibility nor warrants the products sold by using the Services. All information of the products advertised on the Services has been built and published by the user which is offering the product. Consequently, TradeStuff cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller users. However, if we are made aware of any inappropriate listings or behavior by a user, we may elect to remove such posting and/or terminate their account.
The transaction takes places and is decided exclusively between the traders, and TradeStuff only provides use of the Services as a trading platform. Any claim or dispute that may arise between users must be settled solely between them or through our internal dispute resolution process, and all users agree to hold TradeStuff harmless.
THE SITE, APP, SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND TRADESTUFF DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRADESTUFF CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APP AND/OR THE SERVICE. TRADESTUFF DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, APP, SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, APP OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL TRADESTUFF OR ITS DIRECTORS, OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS PROPERTY OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR APP, EVEN IF TRADESTUFF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRADESTUFF, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TradeStuff takes no responsibility and assumes no liability for any User Content or anything posted through the Communication Services, or for any loss or damage resulting therefrom, nor is TradeStuff liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. To report a suspected abuse of the Services or a breach of the Terms please send written notice to TradeStuff by email to: support@TradeStuff.com. You are solely responsible for your interactions with other users of the Services. TradeStuff has no obligation to monitor disputes between you and other users.
3.5 Notice and Take Down
If you believe your copyright-protected work was posted on TradeStuff without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify TradeStuff of alleged copyright infringement is via e-mail at: firstname.lastname@example.org
3.6 DMCA Notice
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
- Your address, telephone number, and email address
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3.7 Force Majeure
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the Agreement.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, epidemic, pandemic, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Services, or the unavailability of certain aspects of the Services.
You agree to indemnify, defend and hold harmless TradeStuff and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
3.9 CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
To be in accordance with CAN-SPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and TradeStuff in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TRADESTUFF WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TradeStuff without restriction. Any assignment attempted to be made in violation of this Terms shall be void.
3.13 Entire Agreement and Waiver
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
3.14 Applicable Law and Jurisdiction
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in San Bernardino County, California for any and all issues arising out of the Terms or any related documents or transactions, or to the applicable jurisdiction in case of contracting with other consumers to purchase goods.
SeaSun Ventures, Inc
8137 Malachite Ave. Suite E
Rancho Cucamonga, CA 91730