By using the My Blue Sofa web site (mybluesofa.com or the "Site") or creating and establishing a user account with My Blue Sofa and using the site’s services (the "Service"), you (the “User”) agree to the following User Agreement (the "My Blue Sofa User Agreement"). If you have any questions, please refer to the FAQ or HELP section at the Site.
Before becoming a member of My Blue Sofa, you must read and accept all the terms and conditions in, and linked to, the User Agreement.
The User Agreement is effective as of: January 1, 2010
I.- GENERAL OVERVIEW.
Although My Blue Sofa is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, the site acts as a venue or platform where buyers and sellers can come together. Consequently, My Blue Sofa is not directly involved in the transaction between buyers and sellers. As a result, My Blue Sofa 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. My Blue Sofa does not pre-screen users or the content or information provided by users. My Blue Sofa cannot ensure that a buyer or seller will actually complete a transaction. My Blue Sofa cannot guarantee the true identity, age, and nationality of a user.
My Blue Sofa encourages you to communicate directly with potential transaction partners through the tools available at the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
By accepting these terms, you agree that My Blue Sofa is a venue and as such is not responsible or liable for any content, such as, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site.
II.- GENERAL TERMS.
· You acknowledge that you must be 18 years or older to use My Blue Sofa or establish an account.
· You acknowledge that you bear sole responsibility for keeping your password secure and your account up to date.
· You agree not to transfer or sell your user ID to a third party.
· You agree not to use the Site for any illegal or unauthorized purpose.
· You agree to comply with all local laws regarding online conduct and acceptable content.
· You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on My Blue Sofa.
· You agree not to modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with My Blue Sofa.
· You agree not to solicit, harass or impersonate My Blue Sofa members and employees.
· You agree not to transmit any worms or viruses or any code of a destructive nature.
You agree to use the services of My Blue Sofa at your own risk.
III.- GENERAL TERMS AND CONDITIONS.
· My Blue Sofa reserves the right to modify or terminate any service for any reason at any time, with or without notice.
· My Blue Sofa reserves the right to alter the User Agreement at any time. If alterations constitute a material change to the User Agreement (to be determined at the sole discretion of My Blue Sofa) the site will notify you via e mail or through the Blog.
· My Blue Sofa reserves the right to refuse service to anyone for any reason at any time.
· My Blue Sofa may remove content (by way of example but without limitation: items, item descriptions, chat text, shop text, and information submitted in the forums) that My Blue Sofa determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, My Blue Sofa User Agreement, My Blue Sofa Privacy Policy, or any other policy documents and community guidelines as posted on the Site. However, My Blue Sofa has no obligation to do so.
· My Blue Sofa makes it possible to post images hosted on the Site to outside websites. This use is accepted. However, pages on other websites which display images hosted on the Site must provide a link back to the Site from each photo.
· My Blue Sofa will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
· You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system.
· By uploading images and item description content to the Site, you agree to allow other My Blue Sofa users to view them and you agree to allow My Blue Sofa to display the images and content on the Site and store the images, item description, profile and other content.
· All My Blue Sofa graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. My Blue Sofa's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
IV.- LISTING/SELLER OBLIGATIONS AND GENERAL GUIDELINES.
Becoming a member and listing items for sell is free at My Blue Sofa. My Blue Sofa Does not charge any fees or sales commission when the item sells. My Blue Sofa Fee's Policy, which is subject to change, is incorporated into this User Agreement by reference. Changes to the Fees Policy and the fees for My Blue Sofa's services are effective after My Blue Sofa provides you with at least fourteen (14) days notice by posting the changes on the website. However, My Blue Sofa may choose to temporarily change the Fees Policy and the fees of My Blue Sofa services for promotional events (for example, two for one days); such changes are effective when My Blue Sofa posts the temporary promotional event on the Site. My Blue Sofa may, at sole discretion, change some or all of its services at any time. In the event My Blue Sofa 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). You are responsible for paying all fees associated with using My Blue Sofa.
 
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of each specific item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item(s) for sale in that listing.
 
Binding sales: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to 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 your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
 
Terminating: Without limiting any other remedies, My Blue Sofa, without notice, may suspend or terminate your account if My Blue Sofa suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of the Sites policies set out in this User Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with My Blue Sofa.
 
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 My Blue Sofas transaction fees, misrepresent the item’s location, or use another user’s account without written permission.
 
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. My Blue Sofa may, without prior notice, limit the number of purchases and listings, which you may place on the Site based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by My Blue Sofa. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between My Blue Sofa users, you agree that you shall not market or export your My Blue Sofa feedback rating in any venue other than the Site.
V.- PURCHASING/BUYER OBLIGATIONS AND GENERAL GUIDELINES.
A buyer is obligated to complete the transaction of a purchase of an item on the Site in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email to notify the seller that the payment is in the mail, within three (3) days of the transaction.
A seller must abide by all of the Site's policies and the seller's own individual shop policies and sell the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
VI.- USAGE GUIDELINES.
 
Third Party Content; Identity Verification: You understand that the website of My Blue Sofa, including the established chat, acts only as a marketing platform and technical interface between users and that the Site, does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to My Blue Sofa. My Blue Sofa cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and as previously stated, you use My Blue Sofa at your own risk. Please use caution, common sense, and practice safe trading when using My Blue Sofa. Please note that 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 the Site, you agree to accept such risks and that My Blue Sofa (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on the Site. My Blue Sofa uses many techniques to verify the accuracy of the information of My Blue Sofa users provide to the Site when they register. However, because user verification on the Internet is difficult, My Blue Sofa cannot and does not confirm each user's purported identity. For this reason, My Blue Sofa has established a user-initiated feedback system to help you evaluate with whom you are dealing. My Blue Sofa also 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.
VII.- PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITES.
Your content and your use of My Blue Sofa shall not:

1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items, which may violate the User Agreement in any way.
3. Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property right or rights of publicity or privacy;
4. Violate this User Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including My Blue Sofa staff or other users), or
falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Be obscene or contain child pornography
8. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
9. Host images not part of a listing
10. Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with My Blue Sofa;
11. Appear to create liability for My Blue Sofa or cause My Blue Sofa to lose (in whole or in part) the services of the Sites ISPs or other suppliers
12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this User Agreement, the Privacy Policy or other policy documents as posted on the Site.

Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using My Blue Sofas service) that, by paying to My Blue Sofa the listing fee or the final value fee, could cause My Blue Sofa to violate any applicable law, statute, ordinance or regulation, or that violates the User Agreement.
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 from My Blue Sofa without the prior expressed written permission of My Blue Sofa and the appropriate third party, as applicable;
· interfere or attempt to interfere with the proper working of My Blue Sofa or any activities conducted on the Site; or
· bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
VIII.- MISCELLANEOUS TERMS AND CONDITIONS.
Breach: Without limiting other remedies available, My Blue Sofa may, without prior notice, limit your activity, immediately remove your item listings, warn My Blue Sofa's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this User Agreement or other policy documents and community guidelines this User Agreement incorporates by reference;
(b) My Blue Sofa is unable to verify or authenticate any of Your Information; or
(c) My Blue Sofa believes that your actions may cause financial loss or legal liability for you, My Blue Sofa's users or the Site.
IX.- NO WARRANTY.
MY BLUE SOFA, MY BLUE SOFA'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MY BLUE SOFA'S SUPPLIERS PROVIDE MY BLUE SOFA'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MY BLUE SOFA, MY BLU ESOFAS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MY BLU ESOFAS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.
X.- LIMITATION ON LIABILITY
IN NO EVENT SHALL MY BLUE SOFA, AND (AS APPLICABLE) MY BLUE SOFAS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MY BLUE SOFAS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). MY BLUE SOFAS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MY BLUE SOFAS 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 MY BLUE SOFA 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.
XI.- INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD MY BLUE SOFA AND (AS APPLICABLE) MY BLUE SOFAS 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.
XII.- LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
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