By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Effective January 1, 2015: the Agreement is between you and BongDiggity, LLC.
BongDiggity acts as a venue to allow users who comply with BongDiggity’s policies to offer, sell and buy certain goods within a fixed-price format. BongDiggity is not directly involved in the transaction between buyers and sellers. As a result, BongDiggity has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. BongDiggity does not pre-screen users (except for services that require an application) or the content or information provided by users. BongDiggity cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, BongDiggity does not transfer legal ownership of items from the seller to the buyer.
BongDiggity cannot guarantee the true identity, age, and nationality of a user. BongDiggity encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that BongDiggity is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on BongDiggity. You use the BongDiggity service at your own risk.
Age: BongDiggity’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BongDiggity may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must never use BongDiggity’s services.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by BongDiggity’s policies as stated in the Agreement and the BongDiggity policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by BongDiggity, each of which is incorporated herein by reference and each of which may be updated by BongDiggity from time to time without notice to you:
In addition, some services offered by BongDiggity may be subject to additional terms and conditions promulgated by BongDiggity from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BongDiggity of any unauthorized use of your password or any breach of security. You also agree that BongDiggity cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than BongDiggity without BongDiggity’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on BongDiggity you must provide and maintain valid PayPal account.
Account Transfer: You may not transfer or sell your BongDiggity account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: BongDiggity’s services are not available to temporarily or indefinitely suspended BongDiggity members. BongDiggity reserves the right, in BongDiggity’s sole discretion, to cancel unconfirmed or inactive accounts. BongDiggity reserves the right to refuse service to anyone, for any reason, at any time.
Joining and setting up a shop on BongDiggity is free (excluding additional sales channels on BongDiggity that may have separate fees). BongDiggity charges a percentage of the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged and decide whether you would like your listings to be automatically renewed. BongDiggity’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for BongDiggity’s services are effective after BongDiggity provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, BongDiggity may choose to temporarily change the Fees Policy and the fees for BongDiggity’s services for promotional events; such changes are effective when BongDiggity posts the temporary promotional event on the Site. BongDiggity may, at BongDiggity’s sole discretion, change some or all of BongDiggity’s services at any time. In the event BongDiggity introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, BongDiggity may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using BongDiggity.
Fees and Termination: If BongDiggity terminates a listing or your account, if you close your account, or if the payment of your BongDiggity fees cannot be completed for any reason, you remain obligated to pay BongDiggity for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact BongDiggity.
Listing Description: All listings on BongDiggity must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with BongDiggity’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your BongDiggity shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their BongDiggity shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with BongDiggity’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. BongDiggity reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is 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: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding BongDiggity’s transaction fees, misrepresent the item’s location, or use another user’s account without permission.
You are solely responsible for your conduct and activities on and regarding to BongDiggity and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on BongDiggity.
Restricted Activities: Your Content and your use of BongDiggity shall not:
Re-Posting Content: By posting Content on BongDiggity, it is possible for an outside website or a third party to re-post that Content. You agree to hold BongDiggity harmless for any dispute concerning this use. If you choose to display your own BongDiggity-hosted image on another website, the image must provide a link back to its listing page on BongDiggity.
Idea Submissions: BongDiggity considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and BongDiggity shall not be liable for the disclosure or use of such Material. If, at BongDiggity’s request, any member sends Material to improve the site, BongDiggity will also consider that Material to be non-confidential and non-proprietary and BongDiggity will not be liable for use or disclosure of the Material. Any communication by you to BongDiggity is subject to this Agreement. You hereby grant and agree to grant BongDiggity, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
BongDiggity does not control the Content provided by users that is made available on BongDiggity. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using BongDiggity, you agree to accept such risks and that BongDiggity (and BongDiggity’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on BongDiggity. Please use caution, common sense, and practice safe buying and selling when using BongDiggity.
Other Resources: BongDiggity is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BongDiggity does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BongDiggity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disputes with BongDiggity: In the event a dispute arises between you and BongDiggity, please contact BongDiggity. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, 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. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Los Angeles. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and BongDiggity agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, BongDiggity encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on BongDiggity, they may choose to participate in BongDiggity’s case system in order to resolve the dispute. Cases are escalated for review and resolution by BongDiggity. BongDiggity provides its dispute resolution process for the benefit of users. BongDiggity does so in BongDiggity’s sole discretion, and BongDiggity has no obligation to resolve disputes between users or between users and outside parties. To the extent that BongDiggity attempts to resolve a dispute, BongDiggity will do so in good faith based solely on BongDiggity’s policies. BongDiggity will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release BongDiggity (and BongDiggity’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
BONGDIGGITY, and other BongDiggity graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BongDiggity, LLC. in the U.S. and/or other countries. BongDiggity’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
BongDiggity may contain robot exclusion headers which contain internal rules for software usage. Much of the information on BongDiggity is updated on a real-time basis and is proprietary or is licensed to BongDiggity by BongDiggity’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access BongDiggity for any purpose whatsoever, except to the extent expressly permitted by BongDiggity or otherwise without BongDiggity’s prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, BongDiggity may, without notice, and without refunding any fees, delay or immediately remove Content, warn BongDiggity’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
BongDiggity reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on BongDiggity.
BONGDIGGITY, BONGDIGGITY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND BONGDIGGITY’S SUPPLIERS PROVIDE BONGDIGGITY’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BONGDIGGITY, BONGDIGGITY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BONGDIGGITY’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 BONGDIGGITY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL BONGDIGGITY, AND (AS APPLICABLE) BONGDIGGITY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BONGDIGGITY’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, BONGDIGGITY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BONGDIGGITY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BONGDIGGITY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BONGDIGGITY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BONGDIGGITY AND (AS APPLICABLE) BONGDIGGITY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, 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.
BongDiggity does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BongDiggity’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any BongDiggity service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on BongDiggity’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and BongDiggity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (BongDiggity’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email here. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BongDiggity may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BongDiggity. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by BongDiggity LLC.
Effective Date: January 1, 2015