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;
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;
f. Animals, animal products, plants and seeds;
g. Charitable services or goods and fundraising;
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