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Ooaky Terms Of Use

1. Introduction. These Terms Of Use ("Terms Of Use" or the "Agreement") set forth the terms and conditions in relation to your use of www.ooaky.com (the "Site" and "Ooaky"). Please read these terms and conditions carefully, as well as all other information with respect to accessing and using the Site as set forth in the Site Help Section, forming an ingral part of these Terms Of Use, prior to accessing and making any use of the Site and/or the services provided for by Ooaky and/or the Site, including without limitations, opening a user account, searching items, listing items, posting content, opening a shop, buying, selling and/or making offers, interacting with others, or otherwise in connection with any applications and tools, as may be from time to time (the "Services").

By using the Site and/or the Services in any manner, including but not limited to browsing or visiting the Site, you ("you") agree to be legally bound by any and all of these Terms Of Use, including by any additional terms, conditions and policies as may be from time to time at Ooaky's sole discretion, which are or shall be referred to in these Terms Of Use and/or available anywhere on the Site, including via a hyperlink.

For purposes of these Terms Of Use the term "You" or "you" means any and all users of the Site, including without limitations, content and other materials contributors, customers, buyers, vendors, shop owners and any person using the Site in any manner. The Site is a venue which serves as a social ecommerce platform, allowing individuals from all over the world (provided, however, that the applicable laws in the jurisdiction of each such individual allow him/her to form a legally binding agreement with Ooaky, and to access the Site), who are eligible for registration and use of the Site and Services, and who are in full compliance with these Terms Of Use, policies and guidelines, as may be from time to time, at Ooaky's sole discretion. Ooaky may, at its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time without notice, subject to any applicable laws.

2. Ooaky is a Marketplace. You acknowledge and agree that you are fully aware that the Site merely serves as a marketplace allowing users to offer, sell and buy in a fixed price and best offer formats, original handmade items, second handmade item, and vintage and antiques items, as more fully defined below.

As a marketplace, Ooaky is not directly involved in the transaction between buyers and sellers transacted on the Site or otherwise. Ooaky does not own or sell the items listed on this Site, so that the actual contract for sale is concluded directly between the sellers and buyers. Accordingly, Ooaky does not transfer legal ownership of items from the seller to the buyer and/or involved in any transaction in any manner or capacity whatsoever. Ooaky has no control over and does not guarantee the existence, availability, quality, morality, safety or legality of any of the items listed on the Site, the truth, completeness or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, the ability of the sellers to sell, ship and/or deliver the items, the ability of the seller to refund or exchange an item in accordance with each seller's policies applicable to such item, the ability of the buyer to return an item, or that a buyer or seller will actually complete a transaction.

You are fully aware and agree that your access and use of the Site and/or Services are at your own risk. Ooaky does not verify nor pre-screen users, listings information, images and files uploaded by users or any other content or information provided by users, and cannot guarantee that users details such as identity, age, and nationality are true or accurate.

At no point can Ooaky has any actual knowledge of any information, activities or Content, placed on its systems by a user, which may be illegal or in violation of these Terms Of Use. Accordingly, you acknowledge that there may also be risks of dealing with international trade, foreign nationals, people acting under false pretense, or underage persons. You agree that under no circumstances shall Ooaky be responsible or liable for any content, posted by You, or other users, or external parties on Ooaky, including without limitations, images, graphics, photographs, profiles information, audio, video, links or references to external sites, listings information, internal messages between users, and any other data, text, or information, (collectively, "Content").

Under no circumstances Ooaky warrants or guarantees to you that it has control over the Content provided by users, which may appear to be offensive, harmful, inaccurate, or deceptive to some users or you, or appear to be in breach of Ooaky's Terms Of Use, polices, and guidelines, as may be from time to time. You confirm that by using Ooaky, you aware of and agree to accept such risks.

3. Eligibility. Users of Ooaky must be at least 18 years of age, and comply with Ooaky's Terms Of Use, policies, guidelines and procedures for accessing and using the Site and the Services, as may be from time to time, at Ooaky's sole discretion. Upon registration to the Site you certify, warrant and represent that You are at least 18 years of age, that you are not prevented under any applicable laws to form and be legally bound by a binding agreement with Ooaky, and that all and any of the details submitted by You are true and accurate. Ooaky may, in its sole discretion, refuse to offer access to or use of the Site and/or Services to any person or entity and change its eligibility criteria at any time, without prior notice.

4. Registration, Your Account & Password Protection. Registration to the Site is accomplished by entering your email address, entering a password, and thereafter confirming your account. Your account details must be complete and accurate at all times, including, without limitation, a valid email address, and your nationality/location, and in the event that you have opened a shop, also, a valid PayPal email address for processing payments for orders from your shop.

Your account is personal, and You may not sell or transfer Your account to any third party. You must keep Your password for accessing and using the Site and any other information in relation to logging in to the Site secure and protected and not to disclose it to any third party without Ooaky's prior written consent.

Ooaky shall bear no responsibility and/or liability whatsoever, directly or indirectly, for any loss or damage alleged or arising in connection with an authorized use of your account resulting from your inability and/or failure to keep your password and/or log-in information details secured and protected, and You, alone, shall be responsible for any such loss and/or damage. Without derogating from any of the above, You agree to notify Ooaky immediately upon your first knowledge of any unauthorized use of Your account. You may close or suspend your account at any time, provided all your purchase, orders, and sales, as applicable, have been fully completedsuccessfully, to the satisfaction of the other party of such purchase, order or sale, as applicable.

5. Forbidden Content & Activities. Ooaky's Terms Of Use, polices, guidelines and procedures for accessing and using the Site and the Services, as may be from time to time, and which are published on the Site, including without limitations, Ooaky's Privacy Policy, Ooaky's Intellectual Property Protection Policy, Ooaky's Cookies Policy, and all other information with respect to using and accessing the Site as set forth in the Help section of the Site, have been promulgated with the aim to make Ooaky's marketplace a safe and secure venue, where users can shop, sell, interact and use the Services with ease and confidence to the extent possible.

You are solely responsible for any Content that you submit, post, and display on the Site or in the course of using the Services, and any and all of your activities and conduct in connection with your access and use of Site and the Services.

You, agree to comply with all and any of the terms and conditions of these Terms Of Use, polices, guidelines and procedures in relation with accessing and using the Site and/or the Services, as may be from time to time, as well as with all and any applicable laws, rules and regulations regarding accepted standards of online conduct, and to avoid any act or use of the Site and/or Services which are or may have the effect of abusing the Site and/or Services, including without limitations:

(i) Posting or uploading Content in inappropriate areas on the Site;

(ii) Posting or uploading misleading, false, inaccurate, libelous, or defamatory Content;

(iii) Copying, modifying, reproducing, reverse engineering, creating derivative works from, distributing, or publicly displaying any Content posted on the Site and/or in the course of using the Services, without the express prior written consent of the person who owns the ownership or any other proprietary rights in such Content, or Ooaky, as applicable, or engaging in any act which infringes upon the rights of Ooaky or any third part, including without limitation, copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(iv) Collecting information about users, including their personal details, location and email addresses, without their express prior consent;

(v) Posting or distributing unsolicited, or spam communications to users, such as chain letters;

(vi) Impersonating to be affiliated with any given person with the aim that the person such impersonation is directed to will mistake You for someone else;

(vii) Posting Content which is likely to be considered as trade libelous, defamatory, unlawfully threatening, unlawfully harassing or threatening, or which may be regarded as obscene or offensive to the feelings of others;

(viii) Posting or uploading any content which is in whole or in part of a pornographic nature, including without limitations, content which contains, nudity, or child pornography – strictly forbidden !;

(ix) Posting or uploading a hyperlink, URL address, description, or otherwise referring in any manner, directly or indirectly, to Content, goods, items, or services which are prohibited under these Terms Of Use, polices, guidelines and procedures for accessing and using the Site and the Services, as may be from time to time;

(x) Acting in breach of the any of the provisions of Ooaky's Terms Of Use, polices, guidelines and procedures for accessing and using the Site and the Services, as may be from time to time or any applicable laws, statutes, ordinance or regulations, including, without limitations, those governing consumer protection, unfair competition, export control, anti-discrimination or false advertising);

(xi) Posting, listing or uploading Content or items in inappropriate categories or sections of the Site;

(xii) Acting in a manner which may interfere or undermine the business of others, their shop, feedback or other online reviews and ratings systems; (xiii) Presenting yourself, your or others' services, goods, or your or others' websites or blogs in a manner which may falsely imply or make others mistakenly think or be under the impression that any of these are associated with Ooaky and/or the Services, or make such presentation or misrepresentation in any other manner which may appear to impose any liability on Ooaky;

(xiv) Make any adaption or modification to the Site, or make any attempt directly or indirectly to hack the Site and/or any services related to the Site or the Services, including of third party providers, and/or breach or circumvent the Site and Ooaky’s systems or Ooaky's determinations of your account status;

(xv) Post, uploading, or transmiting in any manner any viruses, or any code or other technologies of a destructive nature that may harm, expropriate or interfere with the Site, its systems and/or the Services and/or the Content, personal information and data of Ooaky users;

(xvi) uUse or attempt to use any robot, spider, scraper or other such means, with the aim or the result of bypassing Ooaky robot exclusion headers or accessing Ooaky for any other purpose whatsoever, including harvesting or otherwise collecting information about users, including email addresses, without their consent;

(xvii) Take any action which may have the effect of creating or imposing an unreasonable or disproportionately large load on Ooaky's systems and infrastructure as Ooaky shall deem so at Ooaky sole discretion;

(xviii) Take any action which may interfere with the ongoing working of the Site and/or Services;

(xix) Use personal information of users which may be disclosed to you in the course of concluding a transaction, such as email and shipping address, either as a buyer or a seller, for any purpose except for consummating this transaction and communicating with the other party to the transaction as may reasonably be required;

(xx) Modify the Site or another website so as to falsely imply that it is associated with Ooaky and/or the Site; and/or

(xxi) Cause Ooaky to lose in whole or in part any of the Services or by action or omission appear to create liability for Ooaky or of Ooaky's internet service provider or any other provider. You acknowledge and agree that under no circumstances shall Ooaky (and Ooaky's officers, employees, shareholders, directors, agents, subsidiaries, joint ventures, affiliated entities and their employees, shareholders, directors, or agents) be responsible for any and all acts or omissions of users and/or other third parties in relation to accessing and/or using the Site and/or the Services.

6. No IP Infringement. You undertake, represent and warrant that your provision and/or posting and/or use of Content (use by You, Ooaky, the Site or any other users of the Site and/or Services), and any portion of the Content itself, including any derivative work Content, do not infringe on the intellectual and proprietary rights of any third party or Ooaky, You further undertake, represent and warrant that and that such Content, its provision and/or posting and/or use is not in breach of any undertaking you may have towards any third party or Ooaky.

7. Grant of License. You represent that you own all propriety rights in any Content which you post and provide to Ooaky and/or the Site, and that you are entitled to grant Ooaky, and its affiliates worldwide as may be from time to time the License, as such term is defined below. You hereby grant Ooaky and its affiliates worldwide as may be from time to time, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, enterprise wide, sublicensable (through multiple tiers) license and right to use, incorporate, publish and exploit in any manner whatsoever such Content, for any purpose whatsoever, including without limitation for commercial purposes, copy, modify, create derivative work, store, translate, re-format your Content on Ooaky and display your Content as Ooaky may deem appropriate at its sole discretion anywhere on the Site or other resources, media and platforms whatsoever (use of your personal information will be in accordance with the terms of the Privacy Policy as may be from time to time), and exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in such Content, in any media known, either currently existing or which may exist sometime in the future, in connection with your Content (the "License").

You further irrevocably waive any of your moral rights in such licensed Content and undertake that you will not take any action against Ooaky, sublicenses, assignees or affiliates with the aim of asserting such moral rights, all subject to any applicable laws, and to the extent permitted under any such laws.

You further agree to provide Ooaky and its worldwide affiliates with the License in respect to any ides, proposals for improvement or otherwise, or any such unsolicited suggestions and materials, as may be submitted by you to Ooaky via any channel of communication, including by using the Site or any of the Services ("Unsolicited Materials").

You agree and acknowledge that any Unsolicited Materials posted, uploaded, or otherwise submitted or provided to Ooaky or the Site or in the course of using or accessing the Site or the Services, subject to the Privacy Policy, is and shall be deemed as non-confidential and non-proprietary, and as such Ooaky shall not be held liable or responsible for the disclosure of any such unsolicited Materials to any third party, or in connection with any exploitation thereof in accordance with the terms of the License.

For the avoidance of any doubt you agree and irrevocably confirm that exercise of the rights under the License shall under no circumstances entitle you to any compensation, accounting, prior notice or further recourse.

8. External Websites or Resources. You confirm and acknowledge that the Site and/or the Services may contain links or references to external websites or other resources which are not associated with Ooaky and/or the Services. None of such external websites or resources are endorsed by Ooaky and under no circumstances shall Ooaky be responsible, held accountable, or liable in any manner for any materials and content which are available on or via such external websites and resources, including advertisements, products and services which are offered on or through such external resources, nor will Ooaky be responsible for their availability on the Site.

You agree that Ooaky shall bear no responsibility, directly or indirectly and/or liability whatsoever for any loss or damage alleged to be caused by, actually caused or arising in connection with the use of or reliance on any such materials and content, advertisements, products and/or services which are available on or via such external websites and resources.

9. Right to Refuse Service. Without derogating from any remedies Ooaky may be entailed to under any applicable laws and/or these Terms Of Use, Ooaky reserves the right, at any time, and without prior notice, to limit, suspend, or terminate the Services and user accounts, restrict or prohibit access to the Site and/or the Services, delay or remove content posted by You or other Users, remove any special status associated with your account and other users' accounts, delete listing information in whole or in part, and take technical and legal steps to prevent You from using the Services and/or the Site, all at Ooaky sole discretion, and without any prior notice.

Without derogating from any of the above, Ooaky's reserves the right at any time, at its sole discretion to refuse service to the Site and/or Services for any reason whatsoever to You and anyone else, including without limitations, to revoke, cancel and delete inactive and/or suspended accounts and/or shops, in whole or in part, for any reason whatsoever, at any time, or to take any such similar action as Ooaky shall deem appropriate at its sole discretion.

10. Buying & Paying for Orders. Ooaky makes every effort to ensure that the Site and Services accommodate for a marketplace, which is safe and enjoyable; however we cannot guarantee or verify the accuracy of description of items and the personal information of other users. Therefore, Ooaky encourages you to read the full description of items listed for sale, and other information as may be available regarding the seller, such seller's policies in respect to shipping, estimated delivery time, returns, exchange and refunds polices, as and if applicable, and to use your common sense and best judgment with any interaction you may have with other users on the Site.

Items are offered for sale in a fixed price and Your Best Offer formats. You are fully aware and acknowledge that Ooaky doesn't transfer legal ownership of items from the seller to the buyer. As a buyer you agree to comply with these Terms Of Use, policies, guidelines and procedures as may be from time to time in relation to buying, makings best offers, and paying for orders.

On Ooaky you buy from each individual seller at a time. PayPal is the ONLY accepted method of payment on Ooaky. It provides a safe and secure way for processing payments for both buyers and sellers. Ooaky is not associated with PayPal in any manner, and all respective propriety rights of PayPal and its marks are reserved to PayPal.

In order to purchase an item on Ooaky, you must (i) be registered as a user of the Site and hold a valid active account, and (ii) hold a PayPal account for making payments for items ordered by you. You are solely responsible for reading the full description of the item listing and the seller's policies in respect to shipping, estimated delivery time, returns, exchange and refunds polices, as and if applicable, prior to making any payment and committing commitment to buy. Items you ordered and paid for are shipped to the designated shipping address you place at the checkout process on Ooaky (and not to any shipping or billing address set on your PayPal account).

Please make sure that the designated shipping address in the course checking out is full and accurate. A legally binding agreement with you, the buyer, is entered into with the seller upon clearance of payment of the purchase price (including shipping cost and any applicable VAT or Sales Tax) from you through PayPal, this means that only orders paid for are binding on you and the seller, either in respect to purchases under fixed price or Your Best Offer formats, save for transactions involving customization or personalization of items, in which case a legally binding agreement is entered into once the customization or the personalization specifications are approved and confirmed by the seller and the buyer, and payment is received in full (including shipping cost and any applicable VAT or Sales Tax) by the Seller.

To help the seller track progress of your order, once the item ordered is received, you are encouraged to insert the delivery date of your item, in the 'manage your purchases' tool which is located in Your Account. You are encouraged to report to Ooaky of any unsatisfactory transactions, non-delivery or other issues with your order. In the event that are you having a dispute with the seller in respect to your purchase, for example where the item received is damaged or different than the item described, please try to first contact the seller and resolve the issue amicably. Upon such report to Ooaky, Ooaky will notify the seller of an issue with the order reported, with a request to solve the issue.

As a venue Ooaky is not in the position to take any action with respect to any such issue, but to do its best efforts with the aim to inform the seller with a request to contact the buyer and resolve the issue. Ooaky takes notice of sellers with respect to issues regarding orders from their shop have been reported, and when necessary, at Ooaky’s sole discretion, such sellers and their shop may be kept out of Ooaky marketplace. In the event you encounter any issue with your order and contacting the seller has not been successful, you are encouraged to see which remedies are available for you, if any, under PayPal buyer protection, and which time limitations and conditions you should meet to enjoy any such remedies, all subject to and in accordance with PayPal terms and conditions, as may be from time to time, at PayPal sole discretion.

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and shipment and delivery of items. You agree and acknowledge that English is the official language of the Site, and that all prices are US Dollar and/or EURO and/or GBP, as applicable, denominated. You further confirm and agree that due to international buyers and sellers, who speak different languages, from different countries where different currencies apply, Ooaky may offer tools which allow you to have translation to different languages, estimated local currency conversion and international shipping calculation tools.

Ooaky neither warrants nor guarantees the accuracy or availability of the translation and/or the estimated currency conversion and/or international shipping calculator tools, as may be from time to time to time. Once a transaction is concluded and the item is delivered and received by you, we encourage you to leave an honest feedback to the seller to help others shop with confidence, and arrive at an informed decision as to purchasing items from the same seller.

As a buyer you must also take into account your own local laws when considering a purchase. Ooaky is unable to advise about the legality of specific items in specific locations. International buyers are solely responsible for any customs or other charges imposed locally at the time of delivery.

11. Listing & Selling; Prohibited & Restricted Items. Please read carefully Ooaky Terms Of Use, policies, proceadures, guidelines and the information set forth in the Site’s Help section, prior to listing an item. Listing an item is available for registered users, who opened a shop. There are no listing fees per item, or re-listing fees, but solely a flat monthly shop maintenance fee of USD $3.95 per month, which is charged monthly through PayPal.

On Ooaky no listing or re-listing fees per item are charged. Registration to the Site is free. By listing an item on the Site you warrant that you, the item(s) you are listing and the listing description of the item are in full compliance with these Terms Of Use, polices and guidelines. You also warrant that you may legally sell any of such item(s), and that any of the items and/or their listing description are all in full compliance with the terms for listing items as detailed in these Terms Of Use.

Please note that all of the items you list on the Site must be for sale, either in fixed price format and, optionally, Your Best Offer format. A legally binding agreement is formed between you, the seller, and the buyer upon clearance of payment of the purchase price (including shipping cost) from the buyer through PayPal, this means that only orders paid for are binding on you and the buyer, either in respect to purchases under fixed price format or Your Best Offer format, save for transactions involving customization or personalization of items, in which case a legally binding agreement is entered into once the customization or the personalization specifications are approved and confirmed by the seller and the buyer, and payment is received in full (including shipping) by the Seller from the buyer through PayPal.

As a seller, you agree and acknowledge that the only accepted method of payment for items ordered from your shop via the Site is PayPal.

PayPal is the ONLY accepted method of payment on Ooaky. It provides a safe and secure way for processing payments for both buyers and sellers.

Ooaky is not associated with PayPal in any manner, and all respective propriety rights of PayPal and its marks are reserved to PayPal.

You are obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as where you, as the seller cannot authenticate the buyer's identity and/or shipping address. Upon opening your shop you will be asked to fill in your details, including to verify your PayPal email address for accepting payments.

By default, your PayPal email address for accepting payments for orders from your shop shall be set as the PayPal email address from which Ooaky receives your shop monthly maintenance fee.

Only sellers with a valid PayPal email address may receive and get paid for orders placed on the Site from their shop. Ooaky may offer a tool to change your PayPal email address through which you would like to receive payments for orders from your shop; then for verification purposes, you may be charged a onetime non-refundable PayPal email address verification fee of $0.50.

You must state the price asked for each item you list. You may use Your Best Offer tool, which will allow you to set a reduced minimum price, for purposes of allowing buyers to negotiate the price with you up to the minimum asking price set by the seller (which is not displayed and only known to the seller), such that in the event that the Best Offer feature is enabled, this feature will appear in the item page, where buyers will have the option to submit their best offer.

When clicking the Your Best Offer button buyers will be asked to make an offer which is lower than the purchase price asked for. Buyers will then be offered three chances to place their best offer in every 24 hours per item. If the Best Offer price is accepted (i.e. equal to or above the minimum price set by the seller) buyers will have the chance to purchase the item at the reduced purchase price, and such purchase at the reduced purchase best offer price will be binding on the seller, subject to clearance of such payment and any applicable VAT/Sales Tax and shipping expenses applicable to such transaction.

The right to purchase such item at the reduced Your Best Offer price shall stand for an unlimited period, unless the item is purchased by another buyer. You are under no obligation to accept offers from potential buyers to purchase the item at a reduced price, which you may receive via the internal messaging system on the Site.

Note: wholesalers or resellers are not allowed to list their items on the Site, or open a shop, as this goes against the vision and designated purpose of Ooaky.

(A) Items which you list on Ooaky must qualify as either of these three:

Original Handmade: This means original, brand new items, which have never been used before, which have been made with the skills of hands of the seller listing the item or with his/her of co-creators. This means that you as the seller alone or together with others, who jointly created the item with you, were physically and actively involved in the creation of the item. The mere fact that you designed the item, but someone else created it for you – does not suffice to have your item qualifies as Original Handmade. Ooaky would imagine that if your item is manufactured by someone else, then that person, factory or workshop would probably manufacture for others as well. This would result in such an item representing cashing on the labor of a third party, and abandoning the core values of what handmade stands for – the passion and joy of being actively involved, devoting your heart and hands, in the creative process of bringing to life the fruits of the creator imagination and labor. Original Handmade item should have nothing to do to with mass production, or sweatshops. These can be works of art, jewelry, home décor items, toys, paper goods, altered readymade objects, ceramics, clothing items, fashion accessories, and much more. Items must be tangible, non commercial items, and in compliance with Ooaky's Terms Of Use.

Second Handmade: This means items which qualify as original handmade items, but which have been already used and enjoyed by the seller. Ooaky believes that in a world of mass production and over consumption, second handmade items which are of no use anymore should move further to the hands of someone else, to be re-appreciated, used and enjoyed. Please note that Second Handmade items must be no older than 20 years. If your handmade item is older than 20 years, Vintage & Antique would be a great spot to list these items for sale. Ooaky is a marketplace which does not tolerate resellers, who exploit the skills and labor of others. Opening a secondary market for second handmade items, simply means allowing people from all over the world to sell their old handmade items, and spread some earth loving ! Second Handmade Items must be tangible and in compliance with the terms and restrictions set forth in Ooaky's Terms Of Use.

Vintage & Antique: this means first and foremost, items which are older than 20 years. Items qualifying as vintage items are not necessarily limited to handmade items, and therefore may include brand name items, and items which were back then mass produced. This also includes antique items (at least 100 years old) as well as collectibles, such as electronics, stamps, coins, paper ephemera, memorabilia, and old nostalgic books and magazines. Vintage & Antique Items must be tangible, and in compliance with Ooaky's Terms Of Use.

(B) Without derogating from any other of your undertakings hereunder, as a seller, you agree also to:

(i)   Comply with all and any of theseTerms Of Use, polices and guidelines applicable to sellers and shops, including rules for listing items, opening and maintaining your shop, describing items, accepting payments, and handling delivery and shipment of items ordered from your shop and paid for;

(ii)   That each unique item must have its own listing;

(iii)  List items in the most appropriate categories, and accurately mark the item condition;

(iv)  Refrain from double listing the same item under the same category or inappropriate category;

(v)  Not to list an item which you are not able to sell, ship or deliver in accordance with the description of the item you listed; 6. Not to list an item you have no legal right under applicable laws to transfer title or legal ownership of such item to a third party;

(vi)  Accurately describe all the items in your shop, including details like color, size, materials, condition, customizable options, etc.

(vii) Accurately select the location where the item is shipped from, handling time after clearance of payment, and estimated shipment time, and ship the item(s) accordingly;

(viii) State reasonable handling and shipping price for each item;

(ix)  Add accurate and suitable search tags (key words which user may use to find an item like the one you are listing);

(x)  Select the appropriate refunds, exchange and return policy for each item you list.

(xi) Your listing may contain text and images only, up to four different images of the item you are listing. The images you upload may only be of the item listed;

(xii) Since on Ooaky there is no a quantity field to fill in – if you are selling more than one of the same item, such as a set of four vintage buttons – please state that the item for sale is a set of four same items. This means that all items in that listing must be identical. Each unique item must have its own listing;

(xiii) Not to list any item on the Site or consummate any transaction in relation to an item that was the subject matter of such transaction using the Site and/or the Services that, could cause Ooaky to violate any applicable law, statute, ordinance or regulation, or that violates these Terms Of Use;

(xiv) Not to list any item for charity;

(xv) Not to post or upload Items and listings containing images without the subject's permission or in violation of any privacy enactments or minor protection laws and regulations;

Accept payments for orders of items listed by you on the Site only via the Site checkout using PayPal;

(xvi) To ship items sold by you, to the designated shipping address of the buyer as set forth in the order details notification and in the order details set forth in your orders section under Your Account;

(Select the applicable refunds, returns and exchange policy to the item you are listing and abide by such policies. Sellers are responsible for enforcing their own policies;

(xvii) Accurately mark the order as “shipped” on Ooaky (see manage your orders tool under Your Shop);

(xviii) Communicate with the buyer via the internal messaging system on the Site about the status of their order, any questions they may have, and any additional details agreed upon in the transaction;

(xix) Keep a proof of shipping, and proof of delivery for item(s) shipped. Use a trackable shipping method that provides signature confirmation at delivery for higher value items; and/or

(xx) Act at all times with cautious, integrity and honesty.

(C) You further agree that your items and listings shall not include in whole or in part any of the following prohibited items:

(i)      Downloadable or other Intangible items, such as digital files for download or e-books;

(ii)     Any type of service, except for customization (for example, size and color) or personalization of items which comply with Ooaky's Terms Of Use;

(iii)     Cosmetics and skin/hair care products, except for original Handmade soaps;

(iv)     Commercial craft supplies;

(v)      Food, edibles, and beverages;

(vi)     Alcohol, and alcohol based products;

(vii)     Tobacco and other smokeable products;

(viii)    Drugs, or other substances and items having medical claims; 9. Illegal, counterfeit or stolen items;

(ix)     Items which in whole or in part infringe on the intellectual and proprietary rights of Ooaky or any third party;

(x)      Firearms, weapons, ammunitions, countermeasures or other military or defence equipment, goods, or technology, knives and imitation firearms and/or any direct or indirect dealings in arms or the supply of technology or spare parts connected with defense;

(xi)     Human Parts & Burial Artifacts (excluding hair and teeth);

(xii)     Live animals;

(xiii)    Items made of animals which are deemed endangered, threatened, rare and/or endemic animals under the US Endangered Species Act and the European Council Habitats Directive 92/43/EEC;

(xiv)   Items which are, or contain hazardous materials (for example, batteries, fireworks, flammable, explosive, corrosive, poisonous, and refrigerants etc.);

(xv)    Plants, weeds and seeds;

(xvi)   Currency, stamps & coins, except for collectible coins (including collectible coins made of precious metals) or collectible paper money, or collectible stamps, provided such collectible items include relevant information known about the item (including, authenticity, alterations, if applicable, origin, date of issue, condition and clear image of the item);

(xvii)   Replicas or copies of currency, stamps or coins;

(xviii)  Real estate;

(xix)   Gambling products and related items (such as coins operated slots) except for non-functional slot machines whose purposes is solely for display, or as toys;

(xx)  Motor vehicles (such as automobiles, boats, motorcycles, boats, travel trailers, etc.);

(xvi)  Items encouraging illegal activities;

(xxii) Pharmaceutical, drugs and medical equipment or other such medical devices;

(xxiii) Recalled items. For an up-to-date list of recently recalled items, please visit the US recall information website or (EU) Rapid Alert System (RAPEX);

(xxiv) Hazardous Items which do not fully comply with consumer product safety regulations. Please see (US) Consumer Product Safety Commission (CPSC), and EU legislation Directive 2001/95/EC (the General Product Safety Directive, GPSD). All items sold to US buyers must follow all applicable state and federal laws, including the Consumer Product Safety Improvement Act (CPSIA);

(xxv)  Items that promote or support illegal activity or instruct others to engage in illegal activity;

(xxvi) Offensive items – items that promote or glorify hatred, despise, intolerance or violence, towards others on the basis or in relation to race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; or promote organizations with such views;

(xxvii) Items derived from a disaster or tragedy sites, crime scene, morgue or autopsy photographs or images;

(xxviii) Items and listings that graphically portray graphic violence or victims of violence;

(xxix)  Items and listings that promote, support or glorify acts of violence or harm towards self or others;

(xxx)  Electronics and electronics related items, except for vintage (older than 20 years) electronics; and/or

(xxxi) Pornography and adult items. Ooaky does not provide for any dedicated adult or sex wellness category, and therefore anything containing nudity or explicit sexual content, and/or designed for use in sexual or adult activities, such as sex toys, magazines (Playboy, Playgirl, and Penthouse and related merchandise), fetish or Adult-themed clothing etc. are all strictly prohibited.

(D) Additional Second Handmade and Vintage & Antique items listing restrictions: Without derogating from any of the above you agree that listing Second Handmade items shall also be subject to the following restrictions and prohibitions:

(i)   All Second Handmade items which are listed for sale must be properly cleaned, and all listing must include a clear and accurate description of the item condition, its age and condition, as well as clear images of the item, and clearly state that the item is used;

(ii) Items worn as underwear or undergarments are strictly prohibited for listing and/or sale on Ooaky, including:

• Diaper covers

• Cloth diapers

• Bathing suits

• Bras

• Pantyhose

• Briefs

• Boxer shorts

• Children's sized underwear

• G-strings

• Jock straps

• Thongs

• Panties

(iii) Any used clothing item with content Ooaky finds to be inappropriate in its sole discretion, having considered the overall content of the listing, including the description and images, when making this assessment; d. Vintage undergarments are restricted, unless they are not modeled or recently worn;

(iv) Second Handmade articles of clothing marketed or described as well-worn fetish items are strictly prohibited.

(E) Compliance with applicable laws: Please note that items allowed for listing, sale and purchase on Ooaky may be restricted in certain jurisdictions, which may limit the export, import and the sale of such items. You must comply with all applicable laws and regulations applicable to you as buyer and/or a buyer. The information brought to you by Ooaky it is not intended as legal advice.

We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your items, services and activities. Without derogating from any other remedy, in the event of any violation of the provisions in relation to prohibited items, listings and Content, Ooaky reserves the right in its sole discretion, and without any notice, to cancel or remove such violating listing, or item and limit or cancel listing privileges, without such action entitling the person responsible for such violating listing to any refund of any shop or listing fee or other fees associated with opening and maintaining such seller's shop. You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items.

Charging excessive shipping fees or otherwise avoiding fees is strictly prohibited. You may not misrepresent the item's location, or use another user's account to process the transaction without permission. You are solely responsible for all applicable taxes in connection with your item and its sale, including the collection of any Sales Tax or VAT applicable to your sale. We encourage you to consult with your tax counsel if you have questions about the laws and regulations concerning you’re the sale of items and your activities.

EU sellers must qualify as business customers of Ooaky, subject to applicable laws; upon opening a shop sellers from EU VAT countries will be asked to provide their EU VAT number or a proof that they qualify as business by providing a link to their business website. Sellers who are located in EU VAT countries undertake to immediately update Ooaky of any change with respect to their business status, and act in compliance with any rules and regulations applicable to them as may be from time to time.

(F) Permission to display. Please note that you will be listing your items directly on Ooaky's international Site. Ooaky may display your listing on another Ooaky site as may be from time to time other than the Site where you listed your item for sale. You may restrict international buyers from purchasing your items if you explicitly exclude international shipping or their specific locations from your listings shipping fees list.

12. Fees. Joining Ooaky, becoming a member and having the right to place orders from shops, i.e. members in their capacity as buyers, is free.

For shop owners, on Ooaky there are no listing or re-listing fees per item, simply a flat and fixed subscription Ooaky shop monthly maintenance fee ranging from USD $0.99 to USD $3.95 per month, at Ooaky's sole discretion, which is charged on a monthly basis via PayPal.

A flat rate of 3% of the final purchase price, excluding VAT/Sales Tax and shipping and handling costs, is charged upon the completion of a transaction. Ooaky transaction processing fee in respect to every transaction completed on Ooaky is accumulated up to a threshold of USD $10.00 by which time or earlier you, the seller, are obliged to settle any such pending Ooaky transaction processing fees and pay these fees to Ooaky via PayPal. In the event that your shop currency is not in USD, any accumulated Ooaky transaction processing fee in other currencies shall be converted to USD based on an exchange rate last published by the European Central Bank, known from the last 24 hours as of the date of making this payment.

Fees may subject to changes, at Ooaky's sole discretion, by posting any such change on the Site at least twenty one (21) days prior to any such change taking effect. Ooaky may waive part of these fees, at its sole discretion or make other temporary changes; these changes will take effect at five (5) days following posting a notice of such change on the Site.

Upon opening your shop, and further to having your monthly subscription shop maintenance fee through PayPal being confirmed, you will be asked to fill in further details, and verify your PayPal email address for accepting payments for orders from your shop. By default, your PayPal email address for accepting payments for orders from your shop shall be set as the PayPal email address from which Ooaky receives your shop monthly maintenance fee.

Only sellers with a valid PayPal email address may receive and get paid for orders placed on the Site. Ooaky may offer you a tool enabling you to change your PayPal email address through which you would like to receive payments for orders from your shop, then for verification purposes, you may be charged a onetime non-refundable PayPal email address verification fee of USD $0.50. Please note that all fees are quoted in US Dollars (USD), or EURO, unless otherwise is stated. All fees payable to Ooaky are non-refundable, notwithstanding a canceled order following payment, refunds, returns or exchange of items, or in the event of a void or invalid transactions, or where Ooaky at its sole discretion elected to cancel in whole or in part, a listing, suspend or limit listing or other privileges as, or privileges to maintain a shop on the Site, suspend or cancel and account.

13. Reporting Terms Of Use & Policies Violations. We encourage you to report any Content, listing, Items or conduct on the part of users which are or might be in violation of these Terms Of Use, Ooaky's polices, guidelines and procedures , as may be from time to time.

14. Interaction with Others. Ooaky does not supervise or control interactions among and between users, or the content of correspondence between users via the internal messaging system, user-initiated online or offline meetings and gatherings. You are solely responsible for your interactions with others. Ooaky does not screen users or verify the true identity of users or their other personal information, such as location. You agree to be cautious and exercise your good judgment when interacting with others, either, online, offline or in person.

15. Disputes Resolutions. Should you have any dispute with Ooaky, please contact us first, with the aim to resolve such dispute amicably. Should such efforts to resolve amicably turn to be unsuccessful, then you agree that all disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules, in New York County, New York, or London, United Kingdom, at Ooaky’s election, using the English language and applicable laws, and that any such arbitrator or arbitration proceedings 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, or class proceeding. The Emergency Arbitrator Provisions shall not apply. Without derogating from the above, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You agree that claims brought against Ooaky or any of its directors, shareholders, employees, agents or other representative, and those officers of any joint ventures, subsidiaries or affiliated entities of Ooaky, including against any such joint ventures, subsidiaries and/or any affiliated entities, shall be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses incurred in connection with such proceedings.

16. Disputes With Users Or Third Parties & Release. Should you have any dispute with another user or a third party Ooaky encourages you to contact the user or third party to resolve the dispute amicably. In the event that you are unable to resolve the matter amicably with the other party, you may report the dispute to Ooaky. You may also employ PayPal Buyer Protection program, subject to PayPal eligibility criteria as may be from time to time. You may also report disputes to your local law enforcement agencies or other official authorities, if and as applicable, as you sell deem appropriate. If you have any doubt regarding the reporting of such a dispute to local enforcement agencies or other official authorities please consult with an independent legal counsel. You agree and acknowledge that Ooaky is under no obligation to assist you in any manner with any dispute you may have as a user and/or buyer and/or seller or any outside party. You release Ooaky or any of its directors, shareholders, employees, agents or other representative, and those officers of any joint ventures, subsidiaries or affiliated entities of Ooaky, including against any such joint ventures, subsidiaries and/or any affiliated entities, successors and assigns from any and all claims, demands and damages (actual and consequential), actions, obligations, and causes of action of any and every kind, nature and character, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with disputes with one or more users, or an outside party.

17. Breach. Without derogating from any remedies Ooaky may be entailed to under any applicable laws and/or these Terms Of Use, in the event of breach of any of the terms of these Terms Of Use and/or policies as may be from time to time, forming an integral part hereof, or suspected breach, or any act or omission, or suspected ones, on your part inconsistent with the purpose and intention of these Terms Of Use and/or policies as may be from time to time, or any other circumstance which Ooaky may deem at its sole discretion to be inappropriate or disruptive to the Site, Services or other users, Ooaky reserves the right, at any time, and without prior notice, and without refunding any fees to limit, suspend, or terminate the Services and user accounts, restrict or prohibit access to the Site and/or the Services, delay or remove content posted by you or other users, remove any special status associated with your account and other users' accounts, temporarily or indefinitely suspend a user's account and/or shop privileges, delete listing information in whole or in part, and take technical and legal steps to prevent you from using the Services and/or the Site, all at Ooaky sole discretion, and without any prior notice. Ooaky reserves also the right to suspend and/or terminate a user account or any accounts held by that user by virtue of association, including all other accounts held by that user on Ooaky.

18. Privacy. Ooaky will never share your personal information which is not publicly displayed, such as your email address with any third party, without your express prior consent, subject to and in accordance with the terms of Ooaky's Privacy Policy. For more information regarding how Ooaky treats your personal information, please visit Ooaky's Privacy Policy.

By accessing and/or using the Site and/or the Services, including buying, selling, posting Content or just registering with the Site and opening a free account, you agree to the terms of Ooaky's privacy policy and practices, in relation to the manner in which Ooaky', amongst other, collect, use, disclose, process and retains you personal information.

19. Ooaky's Intellectual Property. Ooaky's intellectual property, including logos, trademarks, email addresses and Ooaky's domain names(s) are protected under applicable laws, and may not be used in any manner by you or any third party except as specifically permitted by Ooaky. Use of Ooaky's intellectual property in any manner, including any derivative work, which has the likelihood of creating confusion with the goods or services of others, constitutes and infringement on Ooaky's intellectual property rights.

20. No Warranty. OOAKY, OOAKY'S SUBSIDIARIES, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND OOAKY'S SUPPLIERS PROVIDE OOAKY'S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OOAKY, OOAKY'S SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND OOAKY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM OOAKY SHALL CREATE ANY WARRANTY.

21. Limitation Of Liability. IN NO EVENT SHALL OOAKY, AND (AS APPLICABLE) OOAKY'S SUBSIDIARIES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR OOAKY'S 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 THE SITE, OOAKY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. OOAKY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OOAKY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU PAY TO OOAKY IN THE 14 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (ii) $120. 22. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD OOAKY AND (AS APPLICABLE) OOAKY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, 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 THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

23. No Guarantee. Ooaky does not guarantee continuous, uninterrupted access to and/or use of the Site and/or Services, and operation of the Site may be interfered with for maintenance or bug repair, or by a range of circumstances outside Ooaky's control. While we try to offer reliable data and content, we cannot guarantee that the items listed for sale will always be accurate and up-to-date, and you agree that you will not hold Ooaky or any of its directors, shareholders, employees, agents or other representative, and those officers of any joint ventures, subsidiaries or affiliated entities of Ooaky, including against any such joint ventures, subsidiaries and/or any affiliated entities, successors and assigns, responsible for any such inaccuracies.

24. Legal Compliance; Taxes; No legal or Tax Advice. You are solely responsible for paying all applicable taxes in relation to any purchases or sales of items you make through the Site, and to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and/or Services and, if applicable, your listings, purchases, solicitation of offers, and sale of items. You agree to comply with all applicable domestic and international laws, ordinances and regulations applicable to you as seller and/or a buyer. The information brought to you by Ooaky is not intended as legal or tax advice. Ooaky encourage you to consult with your legal or tax counsel if you have questions about the laws and regulations concerning your items, services and activities on the Site or in connection with your use of the Services.

25. No Waiver; Severability. The waiver by Ooaky of any breach of a provision of this Agreement shall not be construed as a waiver of any succeeding breach or a waiver of any breach of any other provision. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding or litigation arising out of or affecting this Agreement, or the rights or obligations hereunder. The failure of Ooaky at any time to require performance by you of any provision hereunder shall in no way affect the right of Ooaky thereafter to enforce the same, or to enforce any of the other provisions in this Agreement; nor shall the waiver by Ooaky of the breach of any provision hereof be taken or held to be a waiver of any subsequent breach of such provision or as a waiver of the provision itself. Whenever possible each provision, term and covenant of this Agreement will be interpreted in a manner to be effective and valid but if any provision, term or covenant of this Agreement is held to be prohibited or invalid by a court of competent jurisdiction, then such provision, term or covenant will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision, term or covenant or the remaining provisions, terms or covenants of this Agreement.

26. Independent Contractor; No Agency. You agree and acknowledge that by accessing and using the Site, and making use of any of the Services, you are acting as an independent contractor, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Ooaky and/or any of its affiliated entities.

27. Right to Terminate. In the event that you are dissatisfied with one or more of the provisions of these Terms Of Use and/or any policies forming an integral part hereof, or with any portion of the Site or the Services for any reason whatsoever, you may discontinue using the Site and/or the Service, or close your account and cease any activities in relation to the Site or the Service, thereby terminating this Agreement, and this will be your sole and exclusive remedy. In other words, take it or leave it, you are free to walk away at any moment if you are unhappy or dissatisfied.

28. Survival. Notwithstanding the above, following termination or expiration of this Agreement for any reason whatsoever, the following provisions shall survive any such termination or expiration: Section 5 - Forbidden Content & Activities; Section 6 - No IP Infringement; Section 7 - Grant of License; Section 8 - External Websites Or Resources; Section 14 - Interaction With Others; Section 15 - Disputes Resolutions; Section 16 - Disputes with Users or Third Parties & Release; Section 17 – Breach; Section 18 – Privacy; Section 19 – Ooaky's Intellectual Property; Section 20 - No Warranty; Section 21 - Limitation Of Liability; Section 22 – Indemnification; Section 23 - No Guarantee; Section 24 - Legal Compliance; Taxes; No legal or Tax Advice; Section 25 - No Waiver; Severability; Section 26 - Independent Contractor; No Agency; Section 28 - Survival

Last published and updated on May 14, 2018