The following describes the terms on which HuPlayer offers you access to our services.
Welcome to HuPlayer.
While using HuPlayer sites, services and tools, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
- use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to HuPlayer;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the sites or using it for purposes unrelated to HuPlayer);
- transfer your HuPlayer account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm HuPlayer, or the interests or property of HuPlayer users;
- export or re-export any HuPlayer tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute rights or content from the HuPlayer sites, service, or tools or HuPlayer's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
HuPlayer and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. HuPlayer's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue HuPlayer sites, services, or tools.
Buyers and sellers share the responsibility for making sure purchases facilitated by HuPlayer are exciting, rewarding, and hassle- free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the HuPlayer Buyer Protection Policy with respect to claims. HuPlayer Buyer Protection covers only claims filed in accordance with the HuPlayer Buyer Protection Policy, not claims filed with PayPal. We may suspend the HuPlayer Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program. We require HuPlayer sellers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with HuPlayer under the HuPlayer Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the cost of the item and the original shipping, and we will require the seller to reimburse us for the refund. Without limiting the foregoing, sellers may not have to pay a reimbursement for an HuPlayer claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the HuPlayer Buyer Protection Policy.
Sellers must have a reimbursement method on file with HuPlayer.
For transactions paid with PayPal, sellers agree to allow us to remove funds from their PayPal accounts to reimburse buyers. Sellers may change this reimbursement method by contacting HuPlayer.
When there are insufficient funds in PayPal accounts, transactions are not paid with PayPal, or when PayPal is not the reimbursement method of a seller, we will require another reimbursement method. For future claims where the seller is found at fault, we will notify the seller and continue to charge the sellers preferred method for any reimbursements made under the HuPlayer Buyer Protection Policy. Changing a reimbursement method will not affect HuPlayer's use of a payment method on file for other purposes (such as payment of your HuPlayer fees). If sellers do not provide HuPlayer with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Fees and Services
Joining HuPlayer and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the HuPlayer site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogs of stock images, descriptions, and product specifications that are provided by third parties (including HuPlayer users). You may use catalog content solely in connection with your HuPlayer listings during the time your listings are on HuPlayer's sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all HuPlayer policies. The catalogs may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold HuPlayer responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motors and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to HuPlayer by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission. Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of HuPlayer and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, 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 your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and HuPlayer, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HuPlayer agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.