The following describes terms &
conditions on which Tagsaler.com offers access
to our services.
PLEASE READ THOROUGHLY !!
elcome to Tagsaler.com
Tagsaler is the exciting new and easy-to-use marketplace to buy or sell new
and used goods in a personalized negotiation format. Sellers post items for
free while buyers freely browse all inventory. Buyers use low-priced Tagsaler
Tokens to unlock the seller's contact information and the negotiations fly!
As a condition of your participation in “the Services”
, you (hereinafter "You
") agree to abide by the Terms of this User Agreement
") and any Policies linked by Tagsaler.com to
By accessing the pages or the information contained on the Tagsaler.com
website ("the Site
"), located at http://www.tagsaler.com
through any device or medium, or by using the Service in any manner, You agree
to be bound by the following Terms. You may review this Agreement any time by
clicking the User Agreement link at the bottom of any page. In addition, if
You visit any of our partners' websites or arrive at our Site through one of
our many partners' web sites, You may also be subject to the terms and conditions
of that web site.
is a Munkmark LLC Production.
Modifications of Terms:
Tagsaler.com reserves the right to make changes to
our Site, this Agreement, or the policies incorporated herein by reference, with
or without notice. Therefore, it is recommended that You regularly visit this
page and familiarize Yourself with the latest version of this Agreement. Your
continued use of our Site will signify Your acceptance of any revised Terms.
This Agreement may not be otherwise be amended, except in writing, by both You
- This Agreement is effective as of 12:01 AM EST, January 1, 2006. -
Registration; Your Account:
Our Service is available only to
individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our Service is not available to minors (people under
the age of majority in their state or province of residence) or to suspended
members of Tagsaler.com. If you do not qualify,
please do not use our Services. Additionally, Tagsaler.com
reserves the right to refuse access to, or use of our Site to anyone, at anytime,
at its sole discretion.
You may browse the Site freely, without registering.
However, Registration is required to gain access
to our full Services. During Registration You will be asked to provide information
such as Your name, address and e-mail address. You will also be asked to create
an account consisting of a Username and password ("Your Account")
to identify yourself upon future visits. It is YOUR responsibility to maintain
the confidentiality of Your Username and password and You agree to accept responsibility
for all activities that occur under Your Account. You MAY NOT transfer, assign
or sell Your Account (including rating and feedback) to any third party.
All of the information that You provide during Registration is
Please Note: You must provide accurate, current information to us. If you provide
any information that is false, misleading, incomplete, or not current, Tagsaler.com
has the right to suspend or terminate your account and refuse any and all current
or future use of the service.
transactions between buyers and sellers, inventory browsing and various other
services born from the Headquarters page are 100% FREE. However, Tagsaler.com
charges fees for various Services offered through our Site. View Our Cost
Catalogue for a detailed explanation of all potential fees that Tagsaler.com
currently charges. When signed in, visit the Token Trading Post
for a quick overview of these items. Unless otherwise stated, all fees are quoted
in U.S. Dollars. You agree that You are responsible for paying all fees, including
any and all applicable sales, income, excise, import, export, VAT and other
taxes or duties associated with using our Service and the Site.
We reserve the right to change, suspend or permanently discontinue,
some or all of our Services at any time with or without notice. Fees for new
services are effective at the launch of the service. We may also choose to temporarily
lower the fees for our Services for promotional events (i.e. free tokens). Such
changes are effective when we post information about the promotional event on
the Site. Additionally, we may change our Cost Catalogue and the fees for our
Services at any time and at our sole discretion. Except for the foregoing fee
changes, our changes to the Cost Catalogue are effective after we notify Users
via e-mail or a message in the Headquarters.
As a Venue:
Our Site acts as an open marketplace for Users
to buy, sell and negotiate the purchase and sale of goods with other users.
Tagsaler.com only provides a service and is not
involved in any transaction between buyers and sellers who use our Site. There
are risks that You assume when dealing with foreign nationals, underage persons
or people otherwise acting under false pretenses. You agree that all of these
risks are borne by You and not Tagsaler.com. Tagsaler.com
does not and cannot control the behavior of users on the Site or the information
provided by other users that is made available through our Site. As a result,
Tagsaler.com does not guarantee or endorse the
authenticity, quality, safety, or legality of any items offered or sold, the
truth or accuracy of any listings, or the ability of sellers to sell items or
of buyers to buy items. We cannot assure that all transactions will be completed.
Additionally, Tagsaler.com does not guarantee the
ability or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN
INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE
REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER
THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE AND PRACTICE SAFE TRADING
WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!
& User Profile:
Because user authentication on the Internet is
difficult, Tagsaler.com cannot and does not confirm
each User's purported identity. Thus, we have established a detailed feedback
system to help You evaluate the User with whom You are dealing. We also ENCOURAGE
YOU TO COMMUNICATE DIRECTLY with potential buyers or sellers through the features
available on our Site.
Your Feedback file includes transaction history information as well
as comments and ratings from other Users.
Your profile is a means of sharing
personal information about Yourself in order for other Users to feel more comfortable
and potentially match interests or personality.
* Any action designed to undermine the feedback system and to alter
Your profile or the profiles of others is strictly prohibited.
profanity and the listing or sale of any item that is illegal to sell under
any applicable law, statute, ordinance, or regulation, including, but not limited
to, items contained in our Posting Policy. By
accepting this User Agreement, you also accept all conditions listed in the
Additionally, YOU ARE NOT ALLOWED TO DESCRIBE ANY PERSONAL CONTACT
INFORMATION IN THE PICTURE, TITLE AND/OR DESCRIPTION/SHIPPING FIELDS. TAGSALER
RESERVES THE RIGHT TO INDEFINITELY SUSPEND ANY USER FOUND TO HAVE ADDED ANY
CONTACT INFORMATION IN THEIR POSTINGS.
"User Information" is defined as any
and all information or data You provide to Tagsaler.com
or other users during the Registration, negotiation, sale or User feedback process,
and through any interactive feature of the system, including e-mail. You represent
and warrant that Your User Information (i) is not false, inaccurate, incomplete
or misleading; (ii) is not fraudulent and does not involve the sale of unlawful
counterfeit or any stolen items; (iii) does not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (iv) does not violate any law, statute, ordinance or regulation
(including without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (v) is not defamatory,
libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene
and does not contain child pornography; (vii) does not contain any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, interfere with or expropriate any system, data
or personal information; (viii) does not create liability for Tagsaler.com
nor cause Tagsaler.com to lose (in whole or in
part) the services of our host or other suppliers; and (ix) does not link directly
or indirectly to other websites. You agree not to make use of any other user's
User Information other than as necessary to complete any transactions in which
You and the subject of the User Information are involved.
You agree to grant and hereby do grant Tagsaler.com
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable
(through multiple tiers) right and license to exercise all copyright and publicity
rights You have, in any existing or future media, known or unknown, in (i) Your
User Information, (ii) the material or User data displayed in Your listings,
(iii) Your Username, and (iv) the geographic location and description of any
item listed, sold or bought by You on the Site, to the extent that the exercise
Our Services may be used only for lawful purposes.
Transmission, posting, distribution or storage of material or conduct in
violation of any applicable local, state, provincial, federal or foreign law or
regulation is strictly prohibited. This includes without limitation any
unauthorized use of material protected by patent, copyright, trademark or other
intellectual property right, material that is obscene, defamatory or libelous,
constitutes an illegal threat, violates rights of privacy or publicity or
violates export control laws. You agree to comply with any applicable laws,
statutes, ordinances and regulations ("Laws") regarding Your use of the Site and
our Services and the contractual obligations related to your buying and selling
activities. You agree not to use the Site in any manner that violates, or
proposes a transaction which, if consummated, would violate any Laws, expose Tagsaler.com to civil or criminal liability, or violates this Agreement. You
agree that You are solely responsible for obtaining all necessary licenses and
permissions necessary for Your transactions and for verifying that other Site
users with whom You transact do the same. You agree that You will not use any
information on our Site or any information You learn about any buyer, seller or
other user for any purpose not necessary to complete transactions on our Site.
You agree not to use the Site in any manner which
violates trademark, copyright, patent, trade secret, trade dress, publicity
or privacy rights or other proprietary rights of Tagsaler.com
or any third party. You agree not to link to any third party's web site or file
on that web site without that party's permission. You agree that You will not
use any automatic or manual process to monitor or copy any portion of the Site
without Tagsaler.com's prior written permission.
investigate reports of abuse or misuse and, if appropriate, limit or prohibit
Your use of the Site or modify Your user profile to reflect its determinations.
All determinations are final and are made at Tagsaler.com's
sole discretion. In agreeing to these Terms, You agree to participate in investigations
and be bound by Tagsaler.com's determinations.
If Tagsaler.com, in its sole discretion, determines
that a violation of this Agreement has occurred, or if Tagsaler.com
believes that Your actions may cause legal liability for You, our users or us,
Tagsaler.com may take any actions or pursue any
legal remedies that it believes are necessary or prudent, including, but not
limited to, issuing a warning, filing a complaint, deleting any listings, advertisements
or offensive material from our Site, suspending or canceling Your Account, releasing
User Information, filing a report with the appropriate authorities and/or excluding
any person(s) who may have violated any Terms of this Agreement. Tagsaler.com
may cooperate with any investigation by any Federal, State, or local body or
any court or tribunal. Such cooperation may be with or without notice to You.
Tagsaler.com will take each reported account into
consideration during the investigation process before making a decision.
Tagsaler also reserves the right to confiscate any or all Tokens remaining on suspended accounts for any violations.
& Waiver of Claims:
Because we are not involved in the actual transaction
between buyers and sellers, in the event that You have a dispute with one or
more users, You release Tagsaler.com and (as applicable)
its officers, directors, employees, agents, parents, subsidiaries, partners
and affiliates from claims, demands and damages (actual and consequential) of
every kind and nature, known or unknown, suspected and unsuspected, that are
connected in any way with such disputes.
Furthermore, by using the Site and its Services, You signify Your
agreement to and do thereby waive all claims which have not been filed but may
have accrued against Tagsaler.com or its officers,
directors, employees, agents, parents, subsidiaries, partners and affiliates
prior to or as of the date of said posting, regardless of the gravamen of the
action, whether in law or equity, and such claims are forever barred.
YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR
SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TAGSALER.COM
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE WITH
YOUR ENJOYMENT OF THE SITE OR SERVICES.
TAGSALER.COM MAKES NO WARRANTY THAT
THE SERVICE WILL SATISFY YOUR REQUIREMENTS OR THAT OUR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES TAGSALER.COM
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION, MATERIAL
AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM
ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM TAGSALER.COM OR THROUGH OR FROM THE
SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN NO EVENT SHALL TAGSALER.COM
OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS
AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE),
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR
IN CONNECTION WITH (I) OUR SITE, ITS SERVICES OR THIS AGREEMENT; (II) THE RECEIPT
OF DATA, INFORMATION OR MESSAGES; (III) TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE OR SERVICES OR; (IV) UNAUTHORIZED ACCESS TO, OR ALTERATION OF,
USER TRANSMISSIONS OR DATA, EVEN IF TAGSALER.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED
REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN
NO EVENT SHALL TAGSALER.COM BE LIABLE FOR ANY DAMAGES
WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE
INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL.
IN NO EVENT SHALL TAGSALER.COM'S TOTAL
LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR CAUSE OF ACTION
EXCEED THE LESSER OF (I) THE DOLLAR VALUE OF THE ACTUAL LOSS OR (II) ONE HUNDRED
You agree to defend, indemnify and hold Tagsaler.com and (as
applicable) its officers, directors, employees, agents, parents, subsidiaries,
partners and affiliates harmless against any and all claims made by or
liabilities to any third party resulting from any activities conducted under
Your Account, Your use or misuse of the Site, including, but not limited to,
posting content on the Site, entering into transactions with other Site users,
contacting others as a result of their posting(s) on the Site, infringing a
third party's intellectual property or other rights, failing to deliver goods or
payment to other Site users or otherwise arising out of Your breach of any Terms
of this Agreement.
not liable under this Agreement for any injury You may suffer or allege to suffer
as a User of this Site. In the event, however, that You wish to assert any claim
against Tagsaler.com for any purpose whatsoever,
You expressly agree that such dispute will be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association and in the venue of choice of any person(s) associated with Tagsaler.com.
You agree that notwithstanding any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or Site or
this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever ignored. Legal action taken by Tagsaler.com
to collect fees and/or recover damages for, or obtain an injunction relating
to, the Site operations, intellectual property and our Services shall not be
subject to the foregoing restrictions.
Any notices given pursuant to this Agreement
that are directed to Tagsaler.com shall be given
by postal mail to: Munkmark LLC, Tagsaler.com Division.
176 Central Avenue, Dover, NH 03820 Attn: Tagsaler.com:
Legal. Any notice from Tagsaler.com that is directed
to You shall be delivered to the mailing address given during credit card registration
or e-mail address You provided us during Registration. Notice shall be given
twenty four (24) hours after e-mail is sent, unless Tagsaler.com
is notified that the e-mail address is invalid or, in the case of notice sent
via postal mail, three (3) business days after the date of mailing. Tagsaler.com
may also give notice of changes to these Terms or other matters related to Tagsaler.com
by displaying notices to Users on the Site.
Note: It is the express intent of the parties that this Agreement
and any related documents be drawn up and executed in the English language.
This Agreement shall be governed by and construed
in accordance with the laws of the State of New Hampshire, without regard to
its conflict of laws principles, as if formed by between New Hampshire residents.
The United Nations Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement. Headings are for reference purposes and in
no way define, limit or describe the extent of any section. If any part of this
Agreement is deemed invalid or void, that part of the Agreement shall be deemed
severable and shall not affect the validity or enforceability of any of the
remaining conditions. Tagsaler.com's failure to
act with respect to a breach by You or others does not waive our right to act
with respect to subsequent or similar breaches. You and Tagsaler.com
are independent contractors. No agency, partnership, joint venture, employer-employee
or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 3 (Costs), 8 (Limited License), 12 (Release & Waiver of Claims),
13 (Warranties Disclaimer), 14 (Limitation of Liability), 15 (Indemnity), 16
(Arbitration), 17 (Notice) and 18 (General) shall survive any expiration or
termination of this Agreement.
Tagsaler hopes that this Agreement will create smooth transactions,
a safe environment and your success on this Site! Please enjoy!