These Terms of Use are effective from February 28, 2020. If interested, please feel free to view the prior Terms of Use.
Last Updated Date: February 28, 2020
1661, Inc. (“we”, “us”, or “our”) provides a marketplace for buying and selling new and used items through our website (“Site”), our mobile applications (“Apps”), and any other properties that link to these Terms of Use (collectively, the “Service”). Through the Service, users can list items for sale by taking and uploading photos and entering a sale price, as well as the size and condition of the item (“Sellers”). Users can also browse listings by Sellers and can choose to purchase the items listed for sale by Sellers (“Buyers”).
Please carefully read these Terms of Use (these “Terms”), including the binding arbitration provision contained below under “Dispute Resolution”, which will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the binding arbitration provision by following the opt-out procedures described below under “Dispute Resolution” or unless a limited exception described in these Terms applies. If you do not opt out of the binding arbitration provision, you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. These Terms govern your access to and use of the Service and, except as otherwise provided in these Terms, all Collective Content (as defined below). These Terms constitute a legally binding agreement between you and us.
KEY TERMS RELATED TO CONTENT
“Collective Content” means Registered User Content and our Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Registered User” means a person who completes our account registration process, as described under “Account Registration” below.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.
Certain areas of the Site and Apps, and your access to or use of parts of the Service or Collective Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Apps, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Apps, Service or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.
MODIFICATION
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Last Updated Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
ELIGIBILITY
Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access of the Service by anyone under the age of 13 is prohibited even with parental or guardian consent.
ACCOUNT REGISTRATION AND SECURITY
In order to access certain features of the Service and to post any Registered User Content on or through the Service, you must register to create an account (“Account”) and become a “Registered User”. You will be required to provide certain information during the registration process, and you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account for any reason at our discretion, including if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account by contacting us.
REGISTERED USER CONTENT
Registered Users may post, upload, publish, submit, and transmit Registered User Content. By making any Registered User Content available through the Service, you hereby grant to us and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. We does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content, or our or its users’ use of the Registered User Content (or any portion thereof), 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 result in the violation of any applicable law or regulation.
GENERAL PROHIBITIONS
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), our name, any our Trademark, or any other proprietary information of us, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;
Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a our Trademark, our logo URL or our product name without our express written consent;
Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;
Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
Encourage or enable any individual to do any of the foregoing.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Registered User Content, but that we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including any Registered User Content, that we, in our sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful to the Service.
LINKS
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the text, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms as they apply to you, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Service and Collective Content at any time, with or without cause. When you register to join the Service and create an Account, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to us by Registered Users arising out of or in connection with your use of a false name may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event we terminate these Terms for your breach, revoke your access to and use of the Service, or terminate or discontinue the Service and consequently these Terms, you will remain liable for all amounts due under these Terms. You may cancel your Account at any time by contacting us.