| home >> Service Items |
|
| Service Items |
|
|
| User Agreement |
|
The following describes the terms on which QX100 offers you access to our services.
Introduction
Welcome to QX100. By using the services available, you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with QX100 and the general principles for the web sites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on the Site.
Before you may become a member of us, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of our web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.
This Agreement is effective for current users, and upon acceptance for new users.
|
Using Qx100 |
|
While using the Site, you will not:
. Post content or items in an inappropriate category or areas on the Site;
. Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
. Use the Site if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from our Site;
. Manipulate the price of any item or interfere with other user's listings;
. Circumvent or manipulate our fee structure, the billing process, or fees owed to QX100;
. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to QX100);
. Transfer your QX100 account (including feedback) and User ID to another party without our consent;
. Distribute or post spam, chain letters, or pyramid schemes;
. Distribute viruses or any other technologies that may harm QX100, or the interests or property of Qx100 users;
. Copy, modify, or distribute content from the Site and QX100's copyrights and trademarks; or
. Harvest or otherwise collect information about users, including email addresses, without their consent.
|
| Abusing QX100 |
|
QX100 and the Community work together strive to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Our program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify QX100 and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
|
Fees and Services |
|
Joining QX100 and search information on our site is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, deducting the amount owed from your PayPal account balance.)
|
| Content License |
|
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Liability
You will not hold QX100 responsible for other users' actions or inactions, including things they post. You acknowledge that QX100 is not an 'auctioneer.' Although we are commonly referred to as an online auction website, it is important to realize that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers.
We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
|
Release |
|
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to QX100 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of QX100 and the appropriate third party, as applicable;
. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. |
| Privacy |
|
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the QX100 Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in China that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the QX100 Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. |
Indemnity |
|
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. |
| No Agency |
|
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
Notices |
|
Except as explicitly stated otherwise, legal notices shall be served on QX100's national registered agent (in our case) or to the email address you provide to QX100 during the registration process (in your case). Alternatively, we may give you legal notice by mail to the address provided during the registration process. |
| Resolution of Disputes |
|
If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and QX100 agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws, without regard to conflict of law provisions. You agree that any claim or dispute you may have against QX100 must be resolved by a court located, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts for the purpose of litigating all such claims or disputes.
. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
. Improperly Filed Claims - All claims you bring against QX100 must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed.
Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
|
|