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Bookbyte User Agreement
Welcome to the Bookbyte Bazaar ("Bazaar"). This Agreement governs how items are sold and purchased using the Bazaar.Every person who uses the Bazaar to buy or sell any item ("Users") hereby agrees to abide by these terms and conditions and to perform all duties imposed by this Agreement.
1. Minimum Requirements to Use Bazaar. Only persons who are 18 years of age or older, and have the mental capacity to form a contract, may become Users of the Bazaar. Every person who registers to become a User shall provide the User’s legal (non fictitious) name, and current mailing address, phone numbers, e-mail address, and valid credit card information. Submitting false or fictitious information in the registration process or thereafter shall be a violation of this Agreement.
2. Item Listing Fees – Terms of Payment. The Seller Policy Page, which is incorporated by reference into this Agreement, provides a schedule of listing fees for the Bookbyte Bazaar.The terms contained in the Seller Policy Page are subject to change as provided in paragraph 13.a. The fees and payment terms in effect on the date an item is listed shall govern the listing, sale and purchase of the item. Users who wish to list an Item should verify this Agreement and the Seller Policy Page prior to submitting the listing. All fees and charges associated with selling items using the Bazaar shall be payable upon demand, without prior notice, using User’s Visa, MasterCard or American Express credit card or bank account. By listing an item for sale on the Bazaar, you authorize Bookbyte to charge your credit card for amounts due without prior demand.
3. Bookbyte's Role. The Bookbyte Bazaar is a place where third-party buyers and sellers can come together. Bookbyte.com is not a party to any transaction. It also shall not assume any authority or act in the role of agent for either the buyer or seller.
4. Prohibited Items. Users shall not list for sale, sell, or seek to buy any prohibited item. The term "prohibited item" includes, but is not limited to any item that (a) infringes on any person’s intellectual property rights (including copyright, trademark, patent, and trade secrets) or a person other than the seller (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.
5. Listing Items For Sale.
a) Sellers shall accurately describe any item listed for sale. Sellers use the Site and the Services at their own risk.Bookbyte.com does not guaranty payment to Sellers or represent the qualifications or reliability of any User purchasing items using the Bazaar.
b) The Seller is obligated to sell listed goods at the listed price to Buyers who meet the Seller's terms. By listing an item for sale you represent and warrant to prospective Buyers that you have the right, title, and ability to sell the listed item, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
c) Seller will determine the purchase price for each item he or she lists on the Site, subject to the terms and conditions described on the Seller Policy Page.
d) By posting an item for sale, sellers agree to complete the transaction as described by this Agreement. Sellers acknowledge that by failing to fulfill these obligations, the action or inaction may be legally actionable.
e) Sellers must provide a full refund directly to any Buyer who remits payment, whether the Buyer paid directly or through Bookbyte, if the item cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Any Buyer who believes he/she may be entitled to a refund on this basis can contact the Seller directly.
f) Sellers must further comply with all terms and conditions described on the Seller Policy Page.
6. Payment Service for Bookbyte Bazaar Sales Transactions
a) Payment Service. Every transaction on the Bazaar shall be processed using the Bazaar Payment Service ("Payment Service").Sellers must be registered for the Payment Service as provided in paragraph 5.b before listing any item for sale. When an item is sold, the Buyer will authorize Bookbyte.com to make a charge to the User’s authorized credit card. These funds will be periodically transferred to the Seller's designated checking account ("Seller's Account"). The Buyer may authorize a payment transaction with any major credit card accepted by Bookbyte. Although the Payment Service helps facilitate Bazaar transactions, Bookbyte shall not be deemed to be for any purpose as the buyer, seller, or other party to the transaction.
b) Registration for Payment Service. There is no fee for registering for the Payment Service. Compensation to Bookbyte for use of the Payment Service is included in the Bazaar listing fees. At Bookbyte’s sole discretion, we may waive, reduce, or reverse charges or fees for a specific transaction. Sellers shall provide their legal (non fictitious) name, and current mailing address, phone numbers, e-mail address, and valid bank account information. Submitting false or fictitious information shall be a violation of this Agreement and shall allow Bookbyte.com to withhold any payments otherwise due to Seller as liquidated damages.Seller authorizes Bookbyte to verify Seller’s information (including any updated information), to obtain credit reports about Seller from time to time while Seller is registered with the Payment Service (including credit reports about Seller's spouse if Seller lives in a community property state), and to obtain credit authorization from Seller's credit card issuer at time of registration and thereafter. Bookbyte reserves the right to modify the payment terms for individual sellers on a case-by-case basis to reflect past history or ongoing business relationship.
c) Disputes with Sellers. Seller will resolve any dispute directly with Buyer or with the assistance of the Bookbyte.com Safe-Buy Guarantee and not through the Payment Service.
d) Minimum Eligibility Requirements. The Payment Service is available only to those Users who have been issued a credit card by a United States bank, and whose applications are acceptable to Bookbyte. Payment transactions can be credited only to bank checking accounts in the United States. Sellers waive any rights with respect to the Service when shipping to an address other than that provided by the Service.
e) Timing of Payment. Payment by credit to seller’s account will be initiated for all transactions older than 2 weeks on about the 15th and 30th of each month ("payment date"). If the payment date would occur on a weekend or holiday, the payment date will be moved to the next day that the automated clearinghouses are open for business. Transactions that have occurred within two weeks of the payment date will be held until the next payment date or as otherwise provided in this Agreement. Transfers to the Seller's Account will generally be credited within five business days from the date we initiate the transfer. On occasion, we may send seller a paper check instead of an electronic credit to seller's bank account, if for example, seller's bank will not accept an electronic credit to Seller's account.
f) Confirmation of Payment. Bookbyte will send a receipt to Seller via e-mail for each completed transaction. In addition, seller can access his or her payment service transaction information online.
g) Refunds. If a seller wishes to issue a refund to the buyer on of an item, seller may use the "Refund" link on the Transaction page to refund the Buyer through the Payment Service for the entire purchase amount, or to send a refund otherwise owed to the buyer related to the purchase. Seller must provide a full refund directly to any Buyer who remits payment, either directly or through Bookbyte, if the item cannot be shipped upon the close of the sale. Seller must provide the refund promptly, and in no event later than thirty (30) days after the close of the sale.
h) Transaction Limits. As a security measure, Bookbyte reserves the right, in its sole discretion, to impose transaction limits on certain Buyers or Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. In the event that a limit is imposed, Bookbyte will not be liable to Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us; or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
i) Suspected Violations. Bookbyte reserves the right to delay initiating the transfer of Payment Transaction credits to a Seller's bank account (or sending paper checks) pending an investigation if we, in our sole discretion, believe Buyer or Seller may have violated this Agreement. Notwithstanding any other provision of this Agreement, if we determine, in our sole discretion, that Seller has violated this Agreement, we may refuse to deliver a Payment Transaction credit to Seller and may instead maintain the amount of such credit in a trust account or may return the amount of the credit to Buyer.
j) Interest. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller.
k) Reimbursements from Seller. We reserve the right to seek reimbursement from Seller in the event that we have provided a refund to Buyer pursuant to the terms of the Bookbyte.com Safe-Buy Guarantee. For example, we may issue a refund to buyer, in our sole discretion, if Seller cannot promptly deliver the goods, we discover erroneous or duplicate transactions, or we receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits to Seller's bank account, charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. Seller hereby consents to such forms of reimbursement and authorizes Bookbyte to take all of the above actions as may be appropriate to obtain reimbursement from Seller’s account.
l) Termination by Seller. Seller may terminate his or her participation in the Payment Service at any time by giving notice to us, and we may terminate Seller's participation in the Payment Service at any time by giving notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.
7. Notices. All notices will be sent by e-mail or will be posted on the Bookbyte website. We may also send notices to Seller at the e-mail address maintained in Bookbyte's records for Seller. Seller agrees to monitor his or her e-mail messages frequently to ensure awareness of any notices sent by Bookbyte. Seller will send notices to us at the following address: Bookbyte,com, Attn: Bookbyte Bazaar, 2800 Pringle Road SE, Suite 100, Salem, Or, 97302. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed U.S. Mail, postage paid, First Class mail properly addressed or personally delivered by express courier such as Federal Express. First Class mail is properly addressed if sent by us to the address maintained in our records for Seller. First Class mail is properly addressed if sent by Seller to the current address published by us on our Web site. First Class mail is deemed received three Business Days after it is deposited in the U.S. Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
8. Bookbyte Reservation of Rights. Bookbyte retains the right to immediately halt any sale, prevent or restrict access to the Site or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by this Agreement.
9. Bookbyte Participation. Bookbyte and its affiliates may participate in sales from time to time. When Bookbyte or its affiliates offers goods for sale, Bookbyte will abide by the same procedures and guidelines that govern any other seller using the Bazaar. In addition, employees of Bookbyte and its affiliates are permitted to participate in their personal capacity (i.e., not as Bookbyte employees, representatives, or agents of Bookbyte or its affiliates) in the transactions conducted through the Bazaar. Employees of Bookbyte and its affiliates, when participating in any transaction in their personal capacity, are likewise subject to this Agreement.
10. Sales, Use, or Similar Taxes. Users of the Bazaar agree that it is their responsibility and not the responsibility of Bookbyte to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. Users also agree that Bookbyte is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. Users agree to indemnify and hold Bookbyte harmless in the event that tax is demanded or assessed against Bookbyte.
11. Security. Users shall take care to use secure passwords to access the Bazaar. Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. Passwords shall be changed and updated on a regular basis .Users are solely responsible for maintaining the security of your password. Users may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. Bookbyte is not liable for damages resulting from a compromised password.If a User suspects that a password may be compromised, User agrees to immediately change the password.
12. Authorized Use of the Bazaar
a) Compliance with Laws; Fraud. The Bazaar may be used only for lawful purposes and in a lawful manner. Users agree to comply with all applicable laws, statutes, and regulations. Users shall not register under a false name or use an invalid or unauthorized credit card or impersonate any participant or use another participant's password(s). Sellers shall not sell or list for sale, and buyers shall not buy, any prohibited item as defined in paragraph 4. Any fraudulent conduct in relation to use of the Bazaar is a violation of this Agreement and may result in liability under state or federal law. Bookbyte reserves the right to report fraudulent or illegal conduct to law enforcement, and Bookbyte will cooperate to ensure that violators are prosecuted to the fullest extent of the law. In order to cooperate with governmental requests, to protect Bookbyte's systems and customers, or to ensure the integrity and operation of Bookbyte's business and systems, Bookbyte may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
b) Investigation. Bookbyte has the right, but not the obligation, to monitor any activity and content associated with this Site. Bookbyte may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings and bids. Bookbyte reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
13. Privacy. Users hereby acknowledge that they have read the Bookbyte.com privacy notice. The Privacy Notice is subject to change as provided in paragraph 13.a. Users hereby agree not to use or disclose any information regarding other participants that is accessible from the Site or disclosed to you by Bookbyte or its affiliates, except to enter into and complete transactions. Users further agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. Bookbyte and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any preferences or requests you may have indicated on the Bookbyte.com site or by any other means.
14. Termination. As to ongoing use of the Bookbyte Bazaar by the User, Bookbyte, in its sole discretion, may terminate this Agreement, access to the Site, and future transactions, immediately without notice for any reason. Users can likewise terminate their relationship with the Bookbyte Bazaar by not listing for sale or buying items using the Bazaar. As to closed transactions, the parties to this Agreement shall comply with all obligations set forth herein whether or not the Agreement has been terminated.
15. No Warranties.
THE BAZAAR AND THE PAYMENT SERVICES ARE OFFERED ON AN "AS IS" BASIS. BOOKBYTE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE BAZAAR, THE PAYMENT SERVICES, OR ANY ITEMS OFFERED OR SOLD BY THE BAZAAR.THIS DISCLAIMER OF WARRANTIES, EXPRESS AND IMPLIED, INCLUDES, WITHOUT LIMITATION:
a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c) THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF AUCTION OR FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOOKBYTE.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOOKBYTE DISCLAIMS ANY AND ALL SUCH WARRANTIES.
16. General Release. Bookbyte has provided a forum for sellers and buyers to engage in their own transactions. Therefore, SELLERS AND BUYERS USE THE BAZAAR AT THEIR OWN RISK. USERS SHALL CONDUCT THEIR OWN INVESTIGATION AND DUE DILIGENCE BEFORE AUTHORIZING PAYMENT OR TENDERING AN ITEM FOR DELIVERY. IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH USER TO THE DISPUTE, JOINTLY AND SEVERALLY, SHALL RELEASE BOOKBYTE (AND ITS AGENTS AND EMPLOYEES) FROM 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 SUCH DISPUTE. This release shall apply to every Bazaar transaction except where Bookbyte is a party to the transaction as described in paragraph 8.
17. Indemnification. Users shall defend, indemnify and hold harmless Bookbyte and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes of this Agreement, a "claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "seller taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Bookbyte.com Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
18. Limitation of Liability. BOOKBYTE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, USE OF THE BAZAAR, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
19. Disputes Between Buyers & Sellers. Because Bookbyte is not a party or otherwise involved in the transaction between Sellers and Buyers and is not the agent of either for any purpose, Bookbyte will not be involved in resolving any disputes between participants related to or arising out of any transaction. Bookbyte urges Sellers and Buyers to cooperate with each other to resolve such disputes.
20. Applicable Law, Jurisdiction & Venue. The Bazaar is facilitated and administered by Bookbyte.com in the state of Oregon. The laws of the state of Oregon shall govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Users agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to private arbitration in Salem, Oregon, pursuant to the rules of the Arbitration Services of Portland (ASP). However, in the event that any User violates or threatens to violate Bookbyte's intellectual property rights, Bookbyte may at its option seek injunctive or other appropriate relief in any Oregon state or federal court, and Users shall consent to exclusive jurisdiction and venue in the selected court. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
21. Waiver & Consent to Intellectual Property. By entering into this Agreement and listing an item, you grant Bookbyte and its affiliates a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the content you submit to Bookbyte and its affiliates in any existing or future media, known or unknown, now or at any later date. You represent and warrant that you own or otherwise control all of the rights to the content you submit to Bookbyte and its affiliates, and that the use of such materials by Bookbyte and its affiliates will not infringe upon or violate the rights of any third party.
22. Miscellaneous Provisions
a) Entire Agreement. This Agreement and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Conditions of Use, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b) Modification. This Agreement is subject to change without prior notice in Bookbyte.com’s sole discretion. Users should refer to this Agreement and verify that you still consent to the terms and conditions for use of the Bazaar. Bookbyte.com reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes in this Agreement shall be effective upon posting this User Agreement on the website. By continuing to use the Bookbyte Bazaar to buy or sell items, Users are consenting to abide by the revised terms and conditions.
c) No Agency; Third-Party Beneficiary. Bookbyte is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Bookbyte, you, and relying Buyers or Sellers.
d) Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
e) No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Bookbyte's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Bookbyte's right to subsequently enforce such provision or any other provisions of this Agreement.
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