all the rules, regulations, and technical stuff
reclaimed marketplace
terms of service
The General Stuff
Myreclaimed.com (”The Website”) provides the software and Services that enable merchants to build online stores, Storefronts, and static web pages, (collectively, “Storefront”) through which they can sell, and market, their products and services online. The following terms and conditions govern all use of the myreclaimed.com website and all content, services and products available at or through the website (collectively, the “Services”). The Website is owned and operated by Reclaimed LLC. (“Reclaimed”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Reclaimed Privacy Policy, Banned Items Policy, and Copyright Policy.) and procedures that may be published from time to time on this Site by Reclaimed (collectively, the “Agreement”). Acceptance of this Agreement is between you, the user, together with any company or other business entity you are representing, if any (collectively, “You”), and Reclaimed.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Reclaimed, acceptance is expressly limited to these terms.
The ability to create a Storefront on the Website, may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. Reclaimed uses many techniques to verify the accuracy of the information You provide when You register on Myreclaimed.com. If for any reason, Reclaimed, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all Services under this Agreement to You.
- Your Myreclaimed.com Account and Site. If you create a Storefront on the Website, you are responsible for maintaining the security of your account and Storefront, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Storefront. You must not describe or assign keywords to your Storefront in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Reclaimed may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Reclaimed liability. You must immediately notify Reclaimed of any unauthorized uses of your Storefront, your account or any other breaches of security. Reclaimed will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a Storefront, comment on a Storefront, post products on a storefront, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material or services available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, products, services, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Storefront is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other Storefronts and web sites, and similar unsolicited promotional methods;
- your Storefront is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Storefront’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Reclaimed or otherwise.
By submitting Content to Reclaimed for inclusion on your Website, you grant Reclaimed a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Storefront. If you delete Content, Reclaimed will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Reclaimed has the right (though not the obligation) to, in Reclaimed’s sole discretion (i) refuse or remove any content that, in Reclaimed’s reasonable opinion, violates any Reclaimed policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Reclaimed’s sole discretion. Reclaimed will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Reclaimed charges a monthly fee for its services. Complete pricing and details can be found at http://myreclaimed.com/how-much-is-it/. By signing up for a storefront, you agree to pay Reclaimed the monthly, or annual subscription fees indicated on the Website for the service package selected. Trial periods may be put in place by Reclaimed, and will be posted at http://myreclaimed.com/how-much-is-it/. Payments will be charged as indicated on the Website and will be billed to You on a monthly basis using PayPal subscriptions. For more information regarding PayPal and PayPal subscriptions visit their website. It is Your sole responsibility to maintain these payments. Full control of the activation, and deletion of Your Storefront has been given to you in your user administration area. Once a monthly subscription payment is initiated for either of these (2) service packages there will be no refunds.
Premium paid services such as; domain purchases, custom theme design, business cards, logo designs, as well as other premium products and services (collectively, “Additional Services”) may be available on the Website. Payments for Additional Services will be posted to the Website.
- Responsibility of Website Visitors. Reclaimed has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Reclaimed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Reclaimed disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the Content, made available through the websites, webpages, and Storefronts to which myreclaimed.com links, and that link to myreclaimed.com. Reclaimed does not have any control over those non-Reclaimed websites, and webpages, and is not responsible for their contents or their use. By linking to a non-Reclaimed website or webpage, Reclaimed does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Reclaimed disclaims any responsibility for any harm resulting from your use of both Reclaimed, and non-Reclaimed websites, webpages, and Storefronts.
- Copyright Infringement and DMCA Policy. As Reclaimed asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by myreclaimed.com violates your copyright, you are encouraged to notify Reclaimed in accordance with Reclaimed’s Digital Millennium Copyright Act (“DMCA”) Policy. Reclaimed will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Reclaimed or others, Reclaimed may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Reclaimed will have no obligation to provide a refund of any amounts previously paid to Reclaimed.
- Intellectual Property. This Agreement does not transfer from Reclaimed to you any Reclaimed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Reclaimed. Reclaimed, myreclaimed.com, reclaimedmarketplace.com, the reclaimed marketplace logo, and all other trademarks, service marks, graphics and logos used in connection with myreclaimed.com, or the Website are trademarks or registered trademarks of Reclaimed or Reclaimed’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Reclaimed or third-party trademarks.
- Changes. Reclaimed reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Reclaimed may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Reclaimed may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your myreclaimed.com account (if you have one), you may simply discontinue using the Website. Full control of the deletion of Your Storefront has been given to you in your user administration area. You can access Help links here for information on how to maintain your myreclaimed.com account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Reclaimed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Reclaimed nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Reclaimed, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Reclaimed under this agreement during the twelve (12) month period prior to the cause of action. Reclaimed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Reclaimed Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Reclaimed, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Reclaimed and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Reclaimed, or by the posting by Reclaimed of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Phoenix, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Reclaimed may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.