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1. Introduction

This User Agreement, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Tings offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: Tings Online, Commonwealth St. Nassau, Bahamas, or Tings242, Inc. Delaware, USA if you reside in any other country. In this User Agreement, these entities are individually and collectively referred to as "Tings," "we," or "us."

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About Tings

Tings is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. 

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Tings has no control over and does not guarantee: the existence, 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 or return an item.

3. Using Tings

In connection with using or accessing our Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• fail to deliver items sold by you, unless you have a valid reason as set out in a Tings policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems 
• transfer your Tings account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Tings or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Tings;
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any Tings application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Tings. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Tings or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
• commercialize any Tings application or any information or software associated with such application, except with the prior express permission of Tings;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide our Services.

If we believe you are abusing Tings and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Sellers are not permitted to promote or advertise contact information or alternate locations on tings.store . The imagery or description of the product advertised on tings.store cannot contain any contact information or alternate locations for product purchase. 

Buyers and sellers can't:

• Engage in any action with a user on the site designed to complete or facilitate a transaction outside of Tings
• Share or request direct contact information prior to completing a sale
• Exception: Sellers may opt to provide their phone number as part of the Ask a Seller a Question (ASQ) or any other Tings endorsed functionality
• In any communications with another Tings member, refer to or promote external websites that facilitate sales outside of Tings
• Use contact information obtained through an Tings transaction to offer to buy or sell an item outside of Tings
• List an item and then mention or link to additional identical or related items for sale outside of Tings
• Offer catalogs or other items that are used to order items directly outside of Tings
• Host item descriptions or images outside of Tings

If we believe you are violating our policies prohibiting Offers to buy or sell outside of Tings, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Tings, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

5. Fees and Taxes

We charge a 7% fee on all products sold on tings.store. It is free to post on Tings. We may change our seller fees from time to time by posting the changes on the Tings site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

Items posted have no timeframe, however if an item is on Tings for an exorbitant amount of time, at Tings discretion, we are allowed to remove this item. You are responsible for keeping up with inventory. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all of our Services. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Tings, you may be liable to have your account terminated, suspended or liable to transaction fee increase.

Sellers must give either paypal or bank account information inorder to receive withdrawal of funds.

Seller fees don't purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

6. Listing Conditions

When listing an item for sale on our Services, you agree that:

• You assume full responsibility for the item offered and the accuracy and content of the listing,
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Tings can't guarantee exact listing duration,
• Content that violates any of Tings's policies may be modified, obfuscated or deleted at Tings' sole discretion,
• We may revise product data associated with listings to supplement, remove, or correct information,
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• buyer's location, search query, browsing site, and history;
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
• seller's history, including listing practices, Detailed Seller ratings, Tings policy compliance, Feedback, and defect rate; and
• number of listings matching the buyer's query,
• Metatags, phone numbers and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,

7. Purchase Conditions

When buying an item on our Services, you agree that:

• You are responsible for reading the full item listing before committing to buy,
• We do not transfer legal ownership of items from the seller to the buyer,

8. International Buying and Selling; Translation

We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

For eligible items located in the Bahamas and purchased by an international buyer, you (as seller) will simply ship the item through one of the shipping options available after receiving notification of payment from the buyer. 

Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the seller, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment. You, the seller, remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Tings to the shipping company, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Tings does not control the privacy policies of the shipping company or its service providers, and you are subject to the privacy policies of those parties, as applicable.

9. Content

• When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Tings, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Tings takes no responsibility and assumes no liability for any content provided by you or any third party.

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Tings is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name "Tings" and other Tings marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Tings in the Bahamas and other countries. They may not be used without the express written prior permission of Tings.

10. Holds and Restricted Funds

To protect Tings from risk of liability for your actions as a seller, Tings may restrict access to funds in a seller's account wallet based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, or transaction value. This may result in Tings restricting funds in your Tings account wallet.

11. Authorization to Contact You; Recording Calls; Analyzing Message Content

Tings may contact you at any telephone number and/or email that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Our collection, use, disclosure, retention, and protection of your personal information is governed by the Privacy Policy.

Tings may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Tings or its agents for quality control and training purposes, or for its own protection.

Privacy of Others; Marketing

If Tings provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

12. Additional Terms

Returns and Cancellations

Sellers must adhere to the rules they provide for replacements, returns, and refunds for products listed.  

If the seller offers and agrees to a refund, the seller must send the amount to either Tings paypal or bank account, we will then transfer the money to the buyer deducting the transaction fee.

13. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Price update and other notification functionality in Tings' applications may not occur in real time. Such functionality is subject to delays beyond Tings' control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using our Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by Tings;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Tings Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Tings Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
• physical or psychological harm from use of product

14. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

16. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Tings HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes Section, the term "related third parties” includes your and Tings’ respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Tings’, and these entities’ respective employees and agents.

You and Tings agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Tings (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Tings or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that the laws of the Commonwealth of the Bahamas, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Tings, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and Tings each agree that any and all disputes or claims that have arisen, or may arise, between you and Tings (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Tings or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

1. Prohibition of Class and Representative Actions and Non-Individualized ReliefYOU AND Tings AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND Tings AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and Tings's right to appeal the court's decision. All other claims will be arbitrated.

2. Arbitration ProceduresArbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
   A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), Tings will send any Notice to you to the physical address or email address we have on file associated with your Tings account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and include all information on the notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
   If you and Tings are unable to resolve the claims described in a valid Notice within 30 days after Tings receives that Notice, you or Tings may initiate arbitration proceedings. 

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Tings must be resolved exclusively *by courts within the Bahamas. You and Tings agree to submit to the personal jurisdiction of the courts located within Bahamas for the purpose of litigating all such claims or disputes.*

17. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.tings.store

.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our 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 www.tings.store. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the Tings Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Tings representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Tings Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Tings, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.