User Agreement | Privacy Policy | Listing Policy | Selling Safety
User Agreement
The following describes the User Agreement by which netSpray, LLC, offers you access to our products and services.
PLEASE READ THIS AGREEMENT CAREFULLY.
Our service is based upon trust, and this User Agreement helps promote trust between you and other users of netSpray.
Before you pursue any form of activity on netSpray's website, you must read and accept all of the terms and conditions in this User Agreement.
By using our products and services on netSpray, no matter where you are located, you are agreeing to the following Terms of Agreement.
Terms of Agreement
While using netSpray, you will not:
Post content or items in an inappropriate category or areas on our website;
Violate any laws, third party rights, or our policies, such as the Listing Policy regarding what you cannot list or sell on our website;
U se our website or service if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our website;
Fail to deliver payment for items purchased by you, unless the seller has intentionally misrepresented the item through its description, a clear typographical error is made, or you cannot authenticate the seller's identity;
Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
Fail to deliver commissions payment to affiliate or seller of your item if you had a commission indicated on your ad, unless you cannot authenticate the affiliate or seller's identity;
Manipulate the price of any item or interfere with other users' listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to netSpray;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of our website or using it for purposes unrelated to netSpray);
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm netSpray, or the interests or property of netSpray users;
Copy, modify, or distribute unauthorized content from our website;
Harvest or otherwise collect information about users, including email addresses, without their consent.
netSpray Abusers
Our staff at netSpray work together to keep our website and services working properly and our online community safe. Please report problems, offensive content, and policy violations to netSpray by going to Contact Us.
If you believe that material or content residing on or accessible through the netSpray website or service infringes a copyright, please send a notice of copyright infringement with detailed information to netSpray by going to Contact Us.
If netSpray has evidence of any copyright infringements, it is our policy to:
Remove or disable access to the material;
Notify the seller that netSpray has removed or disabled access to the material;
Terminate repeat offender's access to our service.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the website if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of
netSpray's policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period of time.
There are rules that all netSpray members, both buyers, sellers, and affiliates need to know and follow. These rules are created to protect you and to keep netSpray a safe place to buy, sell, and participate in the Community.
Content
When you post content on netSpray, you grant netSpray a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You may not use catalogue content in a way that infringes or violates
anyone's proprietary rights.
Liability
netSpray will not be held responsible for other users' content, actions or inactions, or items they list on our website. You acknowledge that we are not a traditional auction or advertising website. Instead, the netSpray website is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and commission-based formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of
users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of seller and
buyer's state Commercial Codes and Uniform Commercial Codes, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with seller and
buyer's state Commercial Codes and Uniform Commercial Codes. Further, we cannot guarantee continuous or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, and terms and conditions. We are not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages arising out of your use of our website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Release
If you have a dispute with one or more users, you release netSpray (Founders, Members, Board Members, Officers, Associates, and Employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code
§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the netSpray website is updated on a real-time basis and is proprietary or patent pending to netSpray by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission.
Additionally, you agree that you will not:
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Copy, reproduce, modify, or create derivative works from, distribute, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of netSpray and the appropriate third party, if applicable;
I nterfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the netSpray website.
Indemnity
You will indemnify and hold netSpray (Founders, Members, Board Members, Officers, Associates, and Employees), harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served through netSpray's registered agent or to the email address you provide to netSpray during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and netSpray, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and netSpray agree that we will resolve any claim or controversy at law or equity that arises out of this User Agreement or our services ("Claim") in accordance with one of the subsections below or as we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established Alternative Dispute Resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against netSpray must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, netSpray may recover attorney fees and costs up to $1000, provided that netSpray has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Fees and Services
netSpray's Seller Plus package is free. netSpray has multiple options for enhancing ads, more feature-rich ad dashboards and business solutions, all of which are fee-based. You may view
netSpray's services and fees by going to the Packaged Solutions' section on our website.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with
netSpray's products or services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance).
Feedback Policies
Feedback is a valuable indicator with netSpray related to a buyer, seller or
affiliate's reputation. Feedback becomes a permanent part of another
member's record on netSpray so use it with caution.
Feedback-related policies are designed to encourage open and honest trading. However, to ensure that Feedback is used for the proper purpose and not abused, netSpray has some basic rules that must be followed.
Members cannot undermine the Feedback system using any of the following inappropriate practices;
Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing;
Feedback left or received where the Feedback's primary value is to artificially enhance a
member's reputation;
Sellers are not permitted to include in their listings or terms of sale any conditions that limit or restrict the buyer from leaving Feedback;
Violations of netSpray's Feedback policies may result in a range of actions including:
Listing cancellation
Limits on account privileges
Account suspension
General
netSpray'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. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on the netSpray website. Except as stated elsewhere, all amended terms shall automatically be effective. This User Agreement may not be otherwise amended except in a writing signed by you and netSpray. This User Agreement sets forth the entire understanding and agreement between netSpray with respect to the subject matter hereof.
If you have additional questions, you may contact netSpray by going to Contact Us.