Use of the Marketplace - TERMS OF USE

Here you may offer your finch-related wares for sale or trade, or arrange to make private trades or sales of finches, provided that you comply with all local, state, and federal laws and requirements. CAVEAT EMPTOR (buyer beware): this forum will not provide regulation, guarantee, warranty, or supervision of sellers/traders/buyers or their wares.
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Crystal
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Use of the Marketplace - TERMS OF USE

Post by Crystal » Wed Jul 02, 2008 9:39 pm

This forum is available for you to post or reply to "wanted" "for sale" and "for trade" ads regarding anything finch-related (finches, finch supplies, finch books, finch cages and accessories, finch-related gifts, etc.) ONLY, provided that you as a seller or buyer are willing to comply with all applicable local, state, federal, and international laws and requirements in your private dealings.

In an effort to maintain only current advertisements, posts are subject to be removed after 20 days of inactivity.

Please note that this forum does NOT guarantee warranty, supervise, regulate or otherwise oversee sellers, buyers, traders, or their wares. This forum will only provide an area to facilitate discussion between consenting parties, and you should therefore be VERY careful when entering into any agreements in order to avoid fraud, scams, etc. That being said, if any post to this forum appears to be spam, fraudulent, or otherwise inappropriate, it may be removed and the poster may be subject to disciplinary action as outlined in the TERMS OF USE below. Just because a post exists in this forum does not mean it has been deemed "safe," so use your best judgment. Use of this forum constitutes your understanding of and agreement to these terms as well as the TERMS OF USE as set forth below.


TERMS OF USE


1. ACCEPTANCE OF TERMS

finchFORUM provides this Marketplace forum, (referred to hereafter as "the Marketplace") subject to the following Terms of Use ("TOU"). By using the Marketplace in any way, you are agreeing to comply with the TOU. In addition, when using particular finchFORUM services, you agree to abide by any applicable posted guidelines for all finchFORUM services, which may change from time to time.

Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with finchFORUM in any way, your only recourse is to immediately discontinue use of finchFORUM. finchFORUM has the right, but is not obligated, to strictly enforce the TOU through community moderation, active investigation, litigation and prosecution.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.


3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, or other materials ("Content") posted on, transmitted
through, or linked from the Marketplace, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Marketplace. You understand that finchFORUM does not control, and is not responsible for Content made available through the Marketplace, and that by using the Marketplace, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. Furthermore, the finchFORUM site and Content available through the Marketplace may contain links to other websites, which are completely independent of finchFORUM. finchFORUM makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will finchFORUM be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Marketplace. You acknowledge that finchFORUM does not pre-screen or approve Content, but that finchFORUM shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Marketplace, for violating the TOU or for any other reason.


4. THIRD PARTY CONTENT, SITES, AND SERVICES

Your interactions with organizations and/or individuals found on or through the Marketplace, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that finchFORUM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that finchFORUM is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release finchFORUM, its moderators and webmasters in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.


5. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is not finch-related or includes links to commercial services or web sites that are not finch-related;

b) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by applicable local, state, federal, and international laws;

c) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";

d) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

e) that violates any other terms set forth in the finchFORUM Terms of Service agreement.


6. LIMITATIONS ON SERVICE

You acknowledge that posts made to the Marketplace will only be available until they become inactive for 20 days, after which point they may be removed.


7. TERMINATION OF SERVICE

You agree that finchFORUM, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Marketplace (or any part of the finchFORUM), immediately and without notice, and remove and discard any Content for any reason, including, without limitation, if finchFORUM believes that you have acted inconsistently with the TOU.


8. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE FINCHFORUM SITE AND THE MARKETPLACE IS ENTIRELY AT YOUR OWN RISK. THE FINCHFORUM SITE AND THE MARKETPLACE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FINCHFORUM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FINCHFORUM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FINCHFORUM SITE.


9. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FINCHFORUM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FINCHFORUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FINCHFORUM SITE OR THE MARKETPLACE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FINCHFORUM SITE OR THE MARKETPLACE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FINCHFORUM SITE OR THE MARKETPLACE OR ANY LINKS ON THE FINCHFORUM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FINCHFORUM SITE OR THE MARKETPLACE OR ANY LINKS ON THE FINCHFORUM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW


10. INDEMNITY

You agree to indemnify and hold finchFORUM, its affiliates, assigns, moderators, service providers, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Marketplace, your use of the Marketplace, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

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Hilary
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Re: Use of the Marketplace - TERMS OF USE

Post by Hilary » Mon Jan 31, 2011 11:33 pm

PRICE:
Sale items MUST have a price in the initial post. This is not an auction forum. If you don't know what an item is worth or don't want to undervalue it then feel free to ask advice before posting in Marketplace.
Hilary

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L in Ontario
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Re: Use of the Marketplace - TERMS OF USE

Post by L in Ontario » Thu May 24, 2012 10:22 am

TIMEFRAME:
As a general rule, all ads will expire after having been posted for 3 months. After 3 months the ads will be marked as Expired and locked. If the item(s) still is not sold, please feel free to place another ad.

When an ad has been posted and the item(s) have been Sold, Traded, Rehomed, Found/Located/Bought, or are no longer available (if the owner changes their mind) - please place a final post in your thread advising the Moderators what has occurred and that the thread may be closed. This will help keep the Marketplace Forum current and up to date.

All ads will be left in the Marketplace for an additional 3 months (as reference for what was available, where and pricing) after which time they will be removed/deleted by the moderators.

LOCATION:
Please include a general LOCATION in the subject title. Thank you.

Here's a quick way to shorten your subject title, allowing more room for the location to be included (use abbreviations) -

LF: (Looking For) - just use LF:
W: (Wanted) - just use W:
FS: (For Sale) - just use FS:
FT: (For Trade) - just use FT:

HTH (Hope That Helps) :lol:
Liz

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