Terms of Use


Welcome to Apver Marketplace! Our products and services are provided by AT Media Marketplace, LLC, a New York limited liability company (“Apver Marketplace," "we," or "us"). These Terms of Use govern your access to and use of the website and mobile applications owned and operated by Apver Marketplace and third-party websites powered by Apver Marketplace (collectively, our "Service"). By accessing or using our Service, you agree to be bound by these Terms of Use, our Privacy Policy and all other policies and guidelines listed on our Service. Persons or entities who use our Service in any capacity are referred to herein as “Users.”


Last updated on June 21, 2017


Acceptance of these Terms of Use


WHEN YOU ACCESS OR USE OUR SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING OUR SERVICE.


Apver Marketplace Membership and Use


Who Can Use Apver Marketplace?
You may use our Service only if you can form a binding contract with Apver Marketplace and only in compliance with these Terms of Use and all applicable laws. By using our Service, you represent that you are at least 18 years old. Individuals under the age of 18 may use our Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is deemed to be the User and is fully responsible for any and all activities. Pursuant to 47 U.S.C. Section 230(d) as amended, Apver Marketplace hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Our License to You
Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Service.

Joining Apver Marketplace
Registration is required to access certain features of our Service, such as posting and sending a message to another User. If you choose to register, you are required to enter a valid email address and a password. You must keep your account information up-to-date and accurate at all times and you are responsible for maintaining the confidentiality of this information.

Commercial Use of Apver Marketplace
If you want to use our Service for commercial purposes, you must create a business account. If you open an account on behalf of a company, organization or other entity, then (a) "you" includes you and that entity, (b) you represent that you are authorized to grant all permissions and licenses provided in these Terms of Use and bind that entity to these Terms of Use, and (c) you agree to these Terms of Use on behalf of that entity.

Account Restrictions
In connection with your use of our Service, you agree to abide by the following account restrictions at all times:

Code of Conduct
In connection with your use of our Service, you agree to abide by the following code of conduct at all times:

Suspension and Termination of Account
Users who do not comply with these Terms of Use and the published policies of Apver Marketplace may be subject to review which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In addition, Apver Marketplace reserves the right to suspend account privileges and use of our Service by any person or entity at any time when the continued use of our Service by such person or entity is deemed, in our sole discretion, not to be in our best interests or in the best interests of other Users. If your account privileges have been temporarily or indefinitely suspended, you will not have access to our Service.

Disabling or Deleting Your Account
You may temporarily disable or permanently delete your account at any time. If emails to your account are undeliverable, or if you mark one of our emails as spam, your account will automatically be disabled. Apver Marketplace reserves the right, in our sole discretion, to permanently delete and disable accounts that are unconfirmed, inactive or disabled for a period of 12 months or more or that are permanently suspended.


User Content and Comments


Posting Content
Apver Marketplace allows you to post content, including photos, comments, messages, links and other materials. Anything that is post or otherwise make publicly available on our Service by a User, including you, is referred to as "User Content." You retain all rights in, and are solely responsible for, all User Content that you post to our Service.

How Apver Marketplace and Other Users Can Use Your User Content
By posting content on our Service, you grant Apver Marketplace, and any third-party websites powered by Apver Marketplace, a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide perpetual license to use, store, display, reproduce, modify, create derivative works from, perform and distribute your User Content in any and all media or distribution methods, solely for the purposes of operating, developing and providing our Service. You represent that you have all of the rights, power and authority necessary to grant the license granted herein to any User Content that you post on our Service. Nothing contained in these Terms of Use shall restrict other legal rights Apver Marketplace may have to your User Content, for example under other licenses.

Feedback You Provide
We love hearing from our Users and are always interested in learning about ways we can improve our Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Apver Marketplace does not waive any rights to use similar or related feedback previously known to Apver Marketplace, developed by its employees or obtained from sources other than you.

User Content from Others
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed or warranties made via User Content. Any use or reliance on User Content on our Service is at your own risk. Under no circumstances will Apver Marketplace be liable for any losses or damages incurred as a result of the use of User Content available through our Service or syndicated elsewhere.

Monitoring Content
We reserve the right (but have no obligation) to review, modify and remove User Content for any reason, including for purposes of preserving editorial quality, clarifying language, correcting mistakes, enhancing keywords and removing User Content that we believe violates these Terms of Use or our policies. In the event of any such modification or removal, we disclaim any obligation to notify you of any such modifications or of removal.

Reporting Inappropriate Content
We do not pre-screen or verify Users or User Content. You understand that by using our Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, listings that have been mislabeled or are otherwise deceptive. If you come across User Content that you feel is inappropriate, use the "Report as Inappropriate" feature to inform us, or you can email us at [email protected].

Third-Party Sites and Services
Our Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Apver Marketplace. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service or content from Apver Marketplace, you do so at your own risk and you agree that Apver Marketplace will have no liability arising from your use of or access to any such third-party website, service or content.

Copyright Infringement
If you believe that any content appearing on our Service, including content created and/or displayed by Apver Marketplace or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at [email protected] with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

Apver Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012

To be effective, the notification must be in writing and contain the following information:


Transactions and Messages


Transactions Between Users
Apver Marketplace is not involved in transactions between you and other Users. By connecting with other Users via our Service, you are entering into a direct and personal relationship with that User. This includes meetings, payments, delivery, returns, conditions, warranties and representations. You agree that Apver Marketplace shall not be held liable for your dealings and interactions with other Users, including any losses or damages resulting from such dealings or interactions.

Messaging Restrictions
In connection with your use of our Service, you agree to abide by the following messaging restrictions at all times:

Member Disputes
We reserve the right (but have no obligation) to mediate disputes between Users for the sole purpose of customer satisfaction and conflict resolution. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold Apver Marketplace, its officers, employees, agents, and successors, harmless and not liable for and claims, losses, damages or costs resulting from the resolution.


Listings


Creating a Listing
By posting to our Service, you represent to other Users and prospective buyers that: (a) your use of our Service and all aspects of the listing comply with these Terms of Use and our policies; (b) you have the legal right and ability to sell the goods included in the listing; and (c) the listing is accurate, current and complete and is not mislabeled, misleading or otherwise deceptive. The purchase price for each item listed on our Service is determined by the seller. For sales where a seller lists goods at a fixed price, the seller is obligated to sell the goods at the listed price to buyers who meet the terms set forth by the seller.

Posting Via Marketplace ‘Sell It’ Button
By installing our ‘Sell It’ Button, you agree that you will use it solely to transfer listings (from other websites) that were created by you and that the User Content posted is rightfully yours to publicly display.

Listing on Websites Powered by Apver Marketplace
Third-party websites powered by our Service may choose not to allow certain listings. If you use one of these websites, read the "What's for Sale" section of the Buying and Selling page on such website. If you publish an allowed listing that is not allowed on such website, your listing may be removed from such website, however it will continue to display on Apver Marketplace and other affiliated websites within our Service.

Listing Policies
In connection with your use of our Service, you agree to abide by the following listing policies at all times:

Allowed Listings
In connection with your use of our Service, you are allowed to list any of the following items, but listings must be secondhand, vintage, resale, locally-sourced or handmade:

Not Allowed (Wrong Venue)
The following listings are not allowed or inappropriate for listing on our Service:

Prohibited Items
The following categories of listings, businesses and business practices are strictly prohibited on our Service (“Prohibited Businesses” or “Prohibited Listings”). The categories listed below are representative, but not exhaustive. You may not to use the Service for anything that violates any laws, the rights of any third-party or that fall into any of the following categories. If you are uncertain as to whether your listing may be prohibited, or have a question about how these requirements apply to you, contact us at [email protected].


Fees and Credits


Fees
It is free to use Apver Marketplace, register for an account and make a purchase from another User. Apver Marketplace charges a fee — in the form of credits — for promoting listings. As a registered User, you may purchase credits. Credits are non-refundable, non-transferable and have no monetary value. Credits expire one year after issuance. If you permanently delete your account, or if your account is terminated by us, your purchased credits will expire immediately and your purchase of such credits will not be refunded.

Payment of Fees
You are responsible for paying all fees and applicable taxes associated with using Apver Marketplace. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you choose to pay fees with another currency, you are responsible for all bank fees associated with such payment.

Certification
Users who purchase credits on Apver Marketplace are marked as "Certified" for one year from the purchase date. Certification of a User indicates that a good faith attempt was made by Apver Marketplace to verify the User’s identity. Certification does not prove the honesty or trustworthiness of a User. Apver Marketplace may, in its sole discretion, choose to temporarily or permanently remove a User's certification status at any time and without notice.


Privacy and Security


Hosting and Data Storage
Any information that you provide to Apver Marketplace is subject to our Privacy Policy which governs our collection and use of your information. Through your use of our Service, you consent to the collection and use (as set forth in our Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Apver Marketplace.

Protection of User Information
Apver Marketplace strives to safeguard User information by using generally accepted industry standard means of protection to ensure that User information is kept private during transmission and storage. However, no method of storage or transmission over the Internet is ever 100% secure, therefore we cannot guarantee absolute security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time.

Your Password
Your Apver Marketplace account is protected by a password for your privacy and security. Your password is securely stored and Apver Marketplace does not have access to it. You need to prevent unauthorized access to your account by selecting and protecting your password appropriately, and by limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access our Service and for any activities or actions conducted under your password, whether or not you have authorized such use. You agree to notify Apver Marketplace immediately of any unauthorized use of your account.

Responsible Disclosure
If you find a security vulnerability with Apver Marketplace, do not publicize it and avoid data deletion, unauthorized data access and service disruption while testing the vulnerability you found. Contact us immediately at [email protected] and give us enough detail to reproduce the vulnerability.

Access and Interference
You may not do any of the following while accessing or using our Service:


Apver Marketplace Intellectual Property


Trademarks and Related Intellectual Property
“Apver" is a registered trademark in the United States. Other Apver graphics, logos, designs, buttons, icons, scripts and service names are trademarks, service marks or copyrights of Apver Media or Apver, LLC (the parent entity of Apver Marketplace). All design and content related to our Service (excluding User Content) and any derivative works or enhancements of the same, including all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, the "Service Content"), and all intellectual property rights to the same, are owned by Apver Marketplace, Apver, LLC, their respective licensors or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Service are owned by Apver Marketplace, Apver, LLC, their respective licensors or both. All right, title, and interest in and to our Service and the Service Content, and all intellectual property rights to the same, are and will remain the exclusive property of Apver Marketplace, Apver, LLC, their respective licensors or both. Our websites, products, services and content are protected by copyright, trademark and other laws of both the United States and foreign countries. Except for the limited use rights expressly granted to you in these Terms of Use, you shall not acquire any right, title or interest in or to our Service or the Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved. Nothing in these Terms of Use gives you a right to use the Apver Marketplace name or any of the Apver Marketplace or Apver, LLC trademarks, logos, taglines, domain names and/or other distinctive brand features.

Apver Marketplace Reservation of Rights
Apver Marketplace retains the right to determine the content, appearance, design, functionality and all other aspects of our Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality and other aspects of our Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require a User not to list, any or all products in our sole discretion.


Legal Compliance and Taxes


In connection with your use of our Service, you must at all times comply with all applicable domestic and international laws, statutes, ordinances and regulations. If you are located outside of the United States, in connection with your use of our Service you must at all times comply with all applicable United States laws, statutes, ordinances and regulations. Additionally, you shall be responsible for paying any and all taxes, if applicable.


Breach of Terms of Use


Without limiting any other remedies, Apver Marketplace may, without notice and without refunding any fees, delay or immediately remove User Content, warn Apver Marketplace’s community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to our Service, take technical and legal steps to keep a User from using our Service and refuse to provide services to a User if any of the following apply:


No Warranty


APVER MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS EMPLOYEES, AGENTS AND SUPPLIERS: (i) PROVIDE OUR SERVICE "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND (ii) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM APVER MARKETPLACE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


Limited Liability


IN NO EVENT SHALL APVER MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF APVER MARKETPLACE, AND (AS APPLICABLE) THE LIABILITY OF APVER MARKETPLACE’S OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR TO ANY THIRD-PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO APVER MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (ii) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Indemnity


In consideration for your use of our Service, you agree to indemnify and hold Apver Marketplace and (as applicable) Apver Marketplace’s officers, managers, members, employees, agents and suppliers, harmless from and against any claim or demand, including reasonable attorneys’ fees, costs and expenses, made by any third-party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or rights of a third-party.


Law and Jurisdiction


These Terms of Use and any dispute that may arise between you and Apver Marketplace shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF OUR SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF OUR SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.


Binding Arbitration and Class Action Waiver


In the event of any dispute between you and us regarding these Terms of Use, our Privacy Policy, our Service and/or any products or services purchased through our Service, you and Apver Marketplace agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by email to [email protected]. We will send any notice of dispute to you at the contact information we have for you. You and Apver Marketplace will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in accordance with the notice provision set forth below. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

You agree to arbitrate with Apver Marketplace only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York County, New York.


Waiver and Severability


No waiver by Apver Marketplace of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Apver Marketplace to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.


General Terms


Change in Service
Our Service is always evolving and the form and nature may change from time to time without prior notice to you. Apver Marketplace reserves the right to modify or terminate our Service for any reason, without notice, at any time.

Modification of Terms
We may revise these Terms of Use from time to time and the most current version will always be posted on our Service. If a revision is determined, in our sole discretion, to be material, we will notify you and you agree to receive legal notices electronically. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new terms, please stop using our Service.

Assignment
These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Apver Marketplace without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability
These Terms of Use, together with our Privacy Policy and any amendments and any additional agreements you may enter into with Apver Marketplace in connection with our Service, shall constitute the entire agreement between you and Apver Marketplace concerning our Service. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

No Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Notices Consent to Electronic Communications
Apver Marketplace will deliver all notices to the email address you provided to us in your account settings, by posting on our Service or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent. You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address or by notice posted on our Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us. Any notices given to Apver Marketplace shall be delivered by postal mail to:

Apver Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012

Questions or Concerns
If you have any questions or concerns regarding any aspect of these Terms of Use, please send a detailed message to [email protected] and we will make every effort to answer your questions or resolve your concerns.