PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
For purposes of this TOS "you" shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.
Account Set Up and Data
We need certain information about you to create your account ("Account Data"). Please keep your Account Data accurate and current at all times. Edit it at any time by logging in to your account at https://www.decaso.com/account/update.
You are responsible for the safekeeping of your password and account and are responsible for all activities, sales and purchases that occur under your password or account.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
Your Content on the Service
Our Service includes information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content") from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Service (including through any third party service integrations you enable through the Service), and for the consequences of your actions (including any loss or damage which DECASO may suffer). Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Content that you make available through the Service, or that you have all rights, licenses, consents, and releases necessary to utilize and share the Content, and to grant DECASO all necessary rights in such Content to use in connection with these Terms and the Service; (2) neither the Content, your posting, uploading, publication, submission, or transmittal of the Content, or DECASO’s use of the Content (or any portion thereof) on, through, or by means of the Service will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) have provided consent to the use of the Content on and through the Service.
Grant of Content License to DECASO
By uploading Content to the Services, you agree and grant DECASO a license to use, distribute, syndicate, reproduce, modify, adapt, reformat, post, distribute, commercialize, publicly perform and publicly display such Content on or off the Service, in whole or in part, in any and all media and distribution methods (now known or later developed), for the following purposes: (a) to provide the Service, including promoting your listings on DECASO and on other relevant websites; (b) for marketing and other purposes, including displaying your Content and listings on other great sites, for example Instagram, Facebook, Twitter and Pinterest; and (c) with respect to Content related to an item listing, such as information, photographs, and videos of your items, for the purpose of marketing and promoting our Service, including using your Content to re-list customer returned items via our TradePlus Service.
You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicenseable, transferable, irrevocable, and worldwide. You agree and acknowledge once you have submitted Content within the Service these licenses cannot be terminated without written agreement with DECASO.
Your grant of this license to DECASO to utilize your Content and any derivative works of the Content created by using the Service does not displace your ownership of the Content, or any license or authority you may have from any third parties to utilize the Content you provide. DECASO does not claim ownership rights in your Content and nothing in these Terms will be deemed to restrict any additional rights that you may have to use and exploit any such Content.
By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to DECASO, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of DECASO without any obligation of DECASO to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) DECASO may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) DECASO may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from DECASO.
Please Don't Abuse Others or Our Service
You agree to:
- Pay the monthly subscription fee on the first of each month, if applicable;
- Pay a commission on any online transaction, when applicable;
- Accurately represent your product (wear, damage, modifications, provenance etc);
- Abide by the DECASO Authenticity policy
You agree to not:
- fail to deliver payment for items purchased by you;
- fail to deliver items purchased from you;
- 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 DECASO;
- “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copy or use any of the Content (including, but not limited to, items listed for sale, prices, names of buyers or sellers, or identifying information of buyers or sellers) for any purpose other than for buying or selling items through the DECASO Services;
- engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
- abuse or harass another using the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service; or
- intentionally or unintentionally violate any applicable local, state, national or international law;
- access the Service (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers);
- override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Service; or
- transmit or make available any harmful material.
You agree to not upload, post, or transmit or make available any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including DECASO).
We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any buyer, seller, listing, item or Content from the Service.
Interactions with Third Parties
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
DECASO has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, DECASO will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that DECASO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that DECASO is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release DECASO, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
All right, title and interest to the Service (which includes any DECASO content or materials made available via the Service, the Service's look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of DECASO, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.
You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Service without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you, DECASO grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such software provided, for the sole purpose of enabling you to use the Service in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree to only use the Service for personal purposes, and not for any unintended use of the Service. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Service.
Third Party Charges
You are solely responsible for any fees or charges incurred to access the Service through an internet access or mobile access provider, or other third party.
You agree to indemnify and hold DECASO and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the item, your Content, your use of the Service, your violation of this TOS, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
Modifications to Service
DECASO reserves the right to change or modify the Service, any of the terms and conditions contained in this TOS, or any policy governing the Service at any time, but such changes will not affect Commission or payment structure for any listing that has not expired.
Except as above, you are responsible for regularly reviewing any updates to this TOS at https://www.decaso.com/pages/terms-of-service. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Any changes or modifications to this TOS will become binding after your continued use of the Service after such terms have been updated by DECASO. DECASO may elect to provide you with customer support, in its sole discretion, and may terminate such support at any time without notice.
We may provide you with notices, including those regarding changes to this TOS, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means now known or developed later.
You agree that DECASO may terminate your DECASO account and access to the Service at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS and documents incorporated by reference, or any other agreement you have entered into with DECASO, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. DECASO may delete your Content, deletion of your password and all related information, and files and content associated with your account. You agree that DECASO shall not be liable to you or any third party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. DECASO and its affiliates, members, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement; and make no warranty that (i) the Service will meet your requirements; or (ii) the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.
Limitation of Liability
You expressly understand and agree that DECASO and its affiliates, members, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DECASO has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) conduct of any third party on the Service; or (d) any errors or omissions in any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Refund Policy, (b) the fair market value or listing price of the item, or (c) $100.
All disputes under this TOS that cannot be resolved by the parties shall be submitted to arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. Either party may invoke this paragraph after providing 30 days' written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. You may not assign its rights and obligations under this TOS. This TOS inures to the benefit of and shall be binding on any permitted assignees. All notices must be in writing and sent by registered mail, recognized carrier, or confirmed fax transmission, and deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. You may not assign, delegate or transfer your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without DECASO's prior written consent. We may transfer, assign, or delegate our rights and obligations under this TOS without consent. This TOS constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Except for modifications or changes by us as described above, any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of California. The parties agree that the federal and state courts in San Francisco County, California will have exclusive jurisdiction and venue under this TOS.
Copyright Dispute Policy and Notice Procedure
DECASO respects the intellectual property of others, and we ask our users to do the same. You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like DECASO, being asked to remove material that allegedly violates someone's copyright. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the DECASO's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of works or materials being infringed;
(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that DECASO is capable of finding and verifying its existence;
(d) Contact information about the notifier including address, telephone number and, if available, email address;
(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
(c) terminate such content provider's access to the Services if he or she is a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which DECASO is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, DECASO may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that DECASO may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at DECASO's discretion.
Please contact DECASO's Designated Agent at the following address:
465 California St.
San Francisco, CA 94104
(version: September 2018)