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Syoobe's products and services are provided by Syoobe These Merchant Terms and Conditions of Sale ("Merchant Agreement") govern your access to and use of Syoobe's website, products, and services ("Products") for the sale of items ("Merchandise”) directly through the Site or Applications. This Merchant Agreement is between you, the merchant, together with any company, affiliate or other business entity you are representing (collectively, the "Seller”, "you” or "your”) and Syoobe.


Syoobe. ("Syoobe", "our", "us" or "we") provides the services offered by Syoobe (the "Services") through our website, accessible at www.syoobe.com (the "Site"), and our applications for mobile devices (the "Applications").

Any Seller who wants to access the Site or Applications for use of the Services to sell Merchandise must accept the terms and conditions of this Merchant Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS MERCHANT AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE THAT ARE INCORPORATED BY REFERENCE.

Syoobe reserves the right to change any of the terms and conditions contained in this Merchant Agreement or any policies or guidelines governing the Site, Applications or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING SYOOBE’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS MERCHANT AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES, THE SITE OR APPLICATIONS.

1. Eligibility.
Use of the Site, Applications and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, tax identification number and valid banking information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Merchant Agreement and perform your obligations here under. If for any reason, Syoobe, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to the Seller, to suspend or revoke any and all licenses under this Seller Agreement or to refuse to provide the Services of the Site to the Seller under this Seller Agreement.

Syoobe uses third party service providers ("Payment Service Providers”) for customer and merchant payment services and settlements (e.g. card acceptance, payment alternatives, merchant settlement and related services), including: Paypal (https://www.paypal.com).. By making use of these payment services on the Site you agree to be bound by the Payment Service Providers and terms and conditions and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our Payment Service Providers to the extent required to provide the payment services to you. Paypal’s terms are available at https://www.paypal.com/na/webapps/mpp/ua/useragreement-full and its privacy policy is available at https://www.paypal.com/ua/webapps/mpp/ua/privacy-full. Paypal may also be contacted directly for support either by email at https://www.paypal.com/contact or by phone at +1 (888) 221-1161. 

Use of the Site, Applications and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, tax identification number and valid banking information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Merchant Agreement and perform your obligations here under. If for any reason, Syoobe, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to the Seller, to suspend or revoke any and all licenses under this Seller Agreement or to refuse to provide the Services of the Site to the Seller under this Seller Agreement.

2. Applicable Policies and Guidlines.
You agree to abide by the procedures, policies and guidelines--contained in Syoobe’s Terms and conditions located at http://www.syoobe.com/terms-and-conds/cms/view/10,  Privacy Policy located at http://www.syoobe.com/privacy-policy/cms/view/9 and Term of sale located at http://www.syoobe.com/terms-and-conds/cms/view/34 .The procedures and guidelines contained in the Terms and conditions, Terms of sale and Privacy Policy sections explain the processes and set out acceptable conduct, policies and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Terms and conditions, Terms of sale and Privacy Policy sections to understand the current procedures. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not send customers emails concerning shipping confirmation of products you sell (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us). Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you. If you fail to provide confirmation of shipment within the time frame specified by us (e.g., 7 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us. You will comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding Street Date for Delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or the Street Date for Disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly).
 
3. SYoobe's Role.
Syoobe provides a platform for Sellers and buyers ("Buyers") to complete transactions. Syoobe is not involved in the actual transaction between Sellers and Buyers and is not the agent of Sellers except for the limited purpose of processing payments and has no agency authority for any other purpose, and Syoobe is not the agent of Buyers for any purpose. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the Site’s Terms of Service, this Merchant Agreement or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.
As the Seller, you acknowledge that, by only providing you with the ability to publish, sell and distribute your own or third party products, services or content, the Services act only as passive conduits for the distribution and/or publishing of such products. Syoobe has no obligation to you or any third party, and undertakes no responsibility, to review your sale, the products listed therein or any other content to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Syoobe believes in its discretion that your sale or any products, services, content or other materials in the listing or on Syoobe’s servers may create liability for Syoobe or harm other users of the Services, then you agree that Syoobe may take any actions with respect to the content or materials or listing that Syoobe believes are prudent or necessary to minimize or eliminate our potential liability or to protect other users of our Services.
 
4. Merchant Responsibilities.
Seller is solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of the sale posted to the Site, including all descriptions of Merchandise and disclosure and warnings of product materials that are required to be disclosed by any applicable domestic and international laws, statutes, ordinances and/or regulations where the Merchandise is offered for sale. If you have reason to believe that your sale is in violation of any law or the rights of any third party, you will promptly send notices to us using the functionality for contacting Syoobe as provided on the Site. Notwithstanding anything contained in the foregoing, if you breach any of the terms of this Merchant Agreement, Syoobe is entitled to suspend or terminate your sale(s) and/or any access to information or data related to your merchant account.
 
5. Service License.
Seller acknowledges and agrees that, as between you and Syoobe, all Services and Applications provided by Syoobe, and all worldwide intellectual property rights therein, are the exclusive property of Syoobe. All rights not expressly granted to you in this Agreement are reserved by Syoobe.
Seller acknowledges that the Services and Applications and their structure, organization, and source code constitute valuable intellectual property of Syoobe. Accordingly, you will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Site, Applications or Services; or (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Site, A

6. Merchant Registration.
IN ORDER TO SELL MERCHANDISE ON THE SITE, YOU MUST REGISTER YOUR MERCHANT INFORMATION ON THE SITE. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), about Seller in order to approve Seller for use of the Site at time of registration.
 
a). PayPal Adaptive integration to automate the payment commission & Payout splits for each sale and designed by Syoobe facilitate the purchase of Merchandise listed on the Site. A Buyer's authorized credit card or other form of payment ("Payment Transaction through Paypal secure payment") is credited to a registered Seller's account, and funds are periodically transferred to the "Paypal Seller's Account". The Buyer may authorize a Payment Transaction with any major credit card accepted by Syoobe or a coupon code, referral credit or gift card(s) issued by Syoobe or any combination thereof. Receipt of Payment Transaction funds by us on a Seller's behalf will be deemed receipt of funds by Seller and will satisfy the obligations owed to Seller by the Buyer in the amount of the applicable Payment Transaction. Upon completion of a Payment Transaction a receipt indicating that payment has been made will be furnished to the Buyer. Our obligation to remit funds collected by us on your behalf will be limited to funds that we have actually received and that are not subject to charger back or reversal. Syoobe and any third party agents designed by Syoobe help facilitate Payment Transactions and are not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of Syoobe.

b). Sellers waive any rights with respect to payment when shipping to an address other than that provided by the Buyer.

c). The Site is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. 

d). You may provide refunds or cancellation request to Buyers for their purchases through the Site using functionality we enable for your account. This functionality may be modified or discontinued by us at any time without notice and is subject the terms of this Merchant Agreement. You only use functionality provided by the Site to create invoices for sales processed through the Site or Applications.

e). We will initiate a transfer to the Seller on a rolling basis for the total amount of Payment Transactions received from Buyer's authorized credit card transactions, less any refunds, adjustments, or other amounts paid to Buyers in connection with purchases as well as applicable Seller fees. In the event that the Buyer submits payment, or partial payment, to the Seller via Syoobe issued gift card, coupon code or user earned referral credit, Syoobe shall be responsible for transferring the value of such portion of the Buyer’s transaction to the Seller upon deposit of payment.

f). As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Site or Applications are unavailable following the commencement of a transaction.

g). If we reasonably conclude based on information available to us that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, charger backs or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Merchant Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Merchant Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

h). All notices will be sent by e-mail or will be posted on the Site. We will send notices to Seller at the e-mail address maintained in Syoobe’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us using the functionality for contacting Syoobe as provided on the Site.

i). There is no fee for registering to sell on the Site or Applications. However, we charge a 5% commission on every product that Syoobe help you sell on the platform.

j). We will not bear the risk of credit card fraud in connection with any of Seller's products that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a charger back from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to Syoobe by deducting from future payments owed to Seller, reversing any credits to Seller's Account, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your checking account.

k). Seller may terminate his or her participation in the Site or Applications at any time by informing us using the standard method then-currently provided by Syoobe for such termination, and we may terminate Seller's participation in the Site or Applications at any time without notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.

l). We reserve the right, upon termination, to set off against any payment to be made to seller, an amount determined by us to be adequate to cover charger back, refunds, adjustment or other amounts paid to buyers in connection with purchases from seller account for a prospective three-month period.

7. Seller Obligation.
By entering into this Terms Agreement and posting a listing for sale, Seller agrees to complete the transaction as described by this Terms and Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

You covenant that any products, services, or content published and listed shall not violate Syoobe’s Terms of Service as it may be amended from time to time, or any of the following:

a. Be false, inaccurate or misleading;
b. Be fraudulent or involve the sale of counterfeit, stolen or infringing items;
c. Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. Violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, anti discrimination, criminal activities or false advertising);
e. Be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
f. Be obscene or contain adult items, nudity or child pornography;
g. Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
h. Involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
i. Involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Merchant Agreement;
j. Be harmful or potentially harmful to Syoobe’s Server structure as determined Syoobe’s discretion, including without limitation overloading the Syoobe’s technical infrastructure;
k. Create liability for Syoobe and its subcontractors or expose them to undue risk or otherwise engage in activities that Syoobe , in its sole discretion, determines to be harmful to Syoobe, its affiliates, operations, reputation, or goodwill; and
l. Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Merchant Agreement; and

Seller agrees not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your sale:

a. Blood, bodily fluids or body parts;
b. Burglary tools;
c. Counterfeit items;
d. Illegal drugs and drug paraphernalia;
e. Fireworks, destructive devices and explosives;
f. Identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
g. Lottery tickets, sweepstakes entries or slot machines;
h. Obscene material or child pornography;
i. Offensive material or hate speech;
j. Police badges or uniforms;
k. Prescription drugs or devices;
l. Chemicals;
m. Pets;
n. Recalled items;
o. Prohibited services;
p. Stocks or other securities;
q. Stolen property; or
r. Any product or service that is illegal or marketed or sold in such a way as to create liability for Syoobe.

You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws: 

a. Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
b. Tobacco products;
c. Alcoholic products;
d. Hazardous, restricted or perishable items;
e. Pesticides;
f. Animals, animal products, plants and seeds;
g. Charitable services or goods and fundraising;
h. Artifacts;
i. Currency;
j. Adult items or pornography;
k. Content or material that is infringing or otherwise violates the law, including: music; movies; e-books; games; videos; photographs and software; or
l. Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.

8. Seller Taxes .
You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Syoobe is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Syoobe expressly agrees to collect taxes or other transaction-based charges in connection with a collection service made available by Syoobe and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
  
9. Returns and Refunds .
You will accept and process returns, refunds and adjustments in accordance with this Merchant Agreement and the Syoobe return policies published on the Site and Applications at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with purchases, using functionality we enable for your account, and will route all such payments through Syoobe and any third party agents designed by Syoobe. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Syoobe to Seller under this Agreement or seek reimbursement from Seller via any of the means authorized in Section 7.k. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Syoobe return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
 
10. Linking .
Seller agrees you can't refer link to our promote your personal website including links to home page web addresses that promote website outside of Syoobe, sales outside of Syoobe, or other businesses