WhadYaPuck
User Agreement
Whadyapuck is a
teen & pre-teen barter or trade site. What this means is no
money changes hands between buyer & seller. They trade pucks
for
their items.
Goal – Our
goal is to make your experience using Whadyapuck safe, fast, and
exciting.
You must read, review and accept all
terms of agreement. You may review this agreement at any time by
clicking on the user agreement link below. Whadyapuck reserves the
right to change its website, agreement, or any policies that we refer
to on our site. We reserve the right to refuse service, terminate
accounts, or cancel transactions if violations occur. Violations are
stated later in agreement.
Sign-up:
All sign-up fees are quoted in U.S.
dollars. You must sign-up and agree to the parental consent form in
order to use the services provided by Whadyapuck. Once you are
signed-up you will be given a user name and ID, which will be needed
to sign in on Whadyapuck.
Once you are signed-up and all required
fields are filled in your account will be credited 50 pucks.
A puck has no cash value, however
when setting prices for items that you list 1 puck should be
equivalent to 1 dollar. Pucks cannot be traded back in for cash if
you want to close your account or if your account has been suspended
due to violations stated in this agreement.
Use Restrictions:
Whadyapuck is not involved in any transaction between
any
parties who use; you agree that all of these risks are borne by you,
and not Whadyapuck. Whadyapuck does not control the behavior of the
participants on the Website. Examples may include, but not limited
to: Whadyapuck cannot control whether or not Users of Whadyapuck will
complete the transactions they describe on the Website. We do not
guarantee the accuracy of information provided by other Users and
made available through the Website. Please use caution, common sense,
and practice safe trading when using the Website. Please note that
there are also risks of dealing with foreign nationals, underage
persons or people otherwise acting under false pretense. IT IS
EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH
OTHER USERS ON THE SITE!
Whadyapuck services may be used only for
lawful purposes. Transmission, distribution or storage of material or
conduct in violation of any applicable local, state, provincial,
federal or foreign law or regulation is prohibited. This includes
without limitation any unauthorized use of material protected by
patent, copyright, trademark or other intellectual property right;
material that is obscene, defamatory or libelous; constitutes an
illegal threat, or violates rights of privacy or publicity; or
violates export control laws. You may use the information on the
Website only to the extent necessary to facilitate Whadyapuck related
transactions. You agree that you will not use any information you
learn about any trader or user of the Website for any purpose other
than necessary to complete a desired transaction.
Limited
License: You agree to grant and hereby do grant
Whadyapuck a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicense able (through multiple tiers) right and license to
exercise all copyright and publicity rights You have, in any existing
or future media, known or unknown, in (i) Your User Information, (ii)
the material or user data displayed in Your listings, (iii) Your User
ID, and (iv) the geographic location and description of any
item/service listed, traded, sold or bought by You on the Website, to
the extent that the exercise of such rights would not violate the
policies outlined on the Website's Privacy Policy.
Intellectual
Property and Rights of Publicity: You agree not to use
the
Website in any manner which violates, or proposes a transaction
which, if consummated, would violate the trademark, copyright,
patent, trade secret, trade dress, publicity or privacy rights or
other proprietary rights of Whadyapuck or any third party. Basically,
no burned or copied material will be accepted.
Content
Policy: Whadyapuck prohibits the transmission,
distribution
or posting of unwanted or offensive content. Prohibited transmissions
include, without limitation, profane or sexually explicit
advertisements that include masked images or misspelled words, or
images that would be illegal in any U.S. or Canadian jurisdiction. It
is your responsibility to abide by the content policies outlined
herein, and you agree to comply with all requirements, legal or
other.
Additional prohibitions include misleading offers that
do not list the total purchase price or a "bait & switch"
of products, advertisements, the sale or distribution of firearms,
weapons or controlled substances, make-money fast schemes, pyramid or
chain letters, fraudulent or criminal offers, including, but not
limited to, registering an e-mail address other than your own, any
posting with the goal of harassment of another, sexual requests
(including from or to a minor), racial, ethnic or religious slurs or
comments, harassment, unsolicited advertising (whether commercial or
informational) and unsolicited e-mail or advertisements including,
but not limited to, adult or dating services placing
advertisements.
Whadyapuck prohibits the transmission,
distribution or posting of any matter which discloses personal or
private information concerning any person or entity, including,
without limitation, phone number(s) or addresses, credit and/or debit
cards, calling card, User account numbers/ passwords or similar
financial information, and home phone numbers or addresses.
Listing Restrictions:
Whadyapuck prohibits the listing of any Item that is
illegal
to, trade (hereinafter “Sell”) under any applicable
law, statute,
ordinance or regulation including, but not limited to, the following:
- Alcoholic beverages
- Animals or Wildlife Products
- Cigarettes
- Current Issues of Catalogs
- Contracts and Tickets (unless
allowed to be sold pursuant to all applicable federal, state, and local
laws)
- Counterfeit Currency and Stamps
- Copyrights or Trademarks
- Counterfeit Items
- Credit Cards
- Drugs and Drug Paraphernalia
- Embargoed Goods and Goods from
Prohibited Countries
- Firearms
- Fireworks
- Food (other than packaged food
meeting all applicable federal, state, and local guidelines and
standards)
- Government IDs and Licenses
- Hazardous, Restricted, and
Perishable Materials
- Human Parts and Remains
- Links
- Lock-picking Devices
- Lottery Tickets
- Mailing Lists and Personal
Information
- Multi-level Marketing, Pyramid
and Matrix Programs
- Offensive Material
- Police-Related Items
- Postage Meters
- Recalled Items
- Satellite and Cable TV
De-scramblers
- Stocks and Other Securities
- Stolen Property
- Surveillance Equipment
- Tobacco
- Used Medical Devices
- Weapons & Knives
If Whadyapuck, in its sole
discretion, determines that a violation of the terms of service has
occurred, Whadyapuck may pursue any of its legal remedies, including,
but not limited to, the filing of a complaint, the immediate deletion
of any offending material from the website, cancellation of your
account and /or the exclusion of any person(s) who may have violated
any terms. Whadyapuck shall cooperate with any investigation by any
Federal, State, or local body or any court or tribunal. Such
cooperation may be without notice to you. If Whadyapuck believes in
its sole discretion that any listing may create liability for
Whadyapuck, Whadyapuck may take any actions that it believes are
prudent or necessary to minimize or eliminate its potential
liability, including, but not limited to, releasing user information
and/or filing a report with the appropriate authorities.
If there is a dispute between
users of the site, Whadyapuck is under no obligation to become
involved. In the event that you have a dispute with one or more
users, You hereby release Whadyapuck, LLC, their officers, employees,
agents and successors 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.
Notwithstanding the foregoing, Whadyapuck may investigate reports
of abuse or misuses and, if appropriate, limit or prohibit your use
of the site or modify your user profile to reflect its
determinations. Whadyapuck, however, will not take any other action
with respect to a complaint and will not make determinations that
will exempt any party from concluding a particular transaction. All
determinations are final and are made at the sole discretion of
Whadyapuck. In agreeing to these Terms of Service, you agree to
participate in investigations. There are three steps in our Offenses
and Enforcement Policy.
1. Reporting
of the Offense - In order for an offense to be
investigated,
it must be reported to Whadyapuck. Users may file reports if they
fall victim to, or are aware of, any enforceable offenses. In
addition, Whadyapuck reserves the right to initiate investigations
even in the absence of a report.
2. Investigating the
Offense - Once a report has been filed, the details will
be
investigated by Whadyapuck. Several factors will be looked at to
determine the legitimacy of the report and level of offense before
enforcement. If the report and/or response warrants it, additional
proof or information may be requested from all involved parties.
3.
Enforcing the Offense - Offenses fall into
two
categories: (a) Violations, and (b) Zero Tolerance. If an offense is
determined to be a violation, Whadyapuck will issue a warning on the
first and second offenses, and a third offense will result in the
permanent suspension of the user account. If a User commits a Zero
Tolerance offense, the user account will be revoked immediately. It
is important to note that, if a user's account is suspended,
Whadyapuck will not refund any fees paid to it by the user. When your
account is suspended, you will not be able to perform any
transactions on the Whadyapuck website. Your listings will be removed
from the site, and any ongoing negotiations you may have will be
cancelled. Any party with whom you are engaged in an ongoing
negotiation at the time of your suspension will be notified via email
of your suspension.
The first two violations will result in
warnings. Whadyapuck will send an email to the address provided by
you at registration to notify that you have committed a Violation and
we have placed a mark on your account. A third offense will result in
the permanent suspension of your account.
Examples of
Violations:
Failing to deliver a traded product from a closed
transaction. At any time during the negotiation process,
you
may walk away from the transaction without penalty, provided an offer
has not been accepted. Once the Buyer or Seller accepts an offer, the
transaction is complete, and a binding agreement is formed. Failure
of the Buyer or Seller to fulfill his or her portion of the agreement
constitutes a violation.
Violation of Content Policy. Listing a
"prohibited"
Item on the Whadyapuck system will result in the prompt removal of
the listing, as well as a Violation on Your account. It is important
to note, however, that if the Item is in blatant disregard of our
Terms of Service (for example: drugs), the listing may be considered
a Zero Tolerance offense and will be handled accordingly (see below).
Misrepresentation of an item for sale.
Item listings
should clearly represent and display the actual Item that the Buyer
is negotiating for. A violation will be recorded against Sellers who
misrepresent an Item, falsify information in a listing, deliver Items
other than what is listed, Sell copies or fakes of original Items, or
in any way sell an Item to the Buyer under the pretense that it is
something else.
Providing incorrect or outdated Contact Information.
Contact information must be valid in order to perform transactions on
Whadyapuck. Providing incorrect information will result in a
Violation. If your contact information changes (if you move, etc.),
please update your Contact Information as soon as possible to avoid a
Violation.
Using someone else's User ID. Using
another user's
ID, for any purpose, constitutes a Violation. Performing transactions
under someone else's ID, using another ID to help build your rating,
"stuffing" the queue to misrepresent the demand of your
Item, or using another User's ID to attack or leave negative ratings
on other Users are all examples of Violations.
User Rating Threat/Extortion/Solicitation.
The User
Rating system has been put into place as a reference base for other
Users to determine how a User performs transactions within the
Whadyapuck community. Threatening other Users with negative ratings
unless they comply with certain demands, prices, etc. is a Violation
of the system. Additionally, trading or exchanging positive ratings
in any way outside of normal function will not be tolerated. Ratings
are to be left as an accurate, honest depiction of how you felt the
User behaved in the negotiation.
Using Whadyapuck system for advertising, solicitation or
"SPAM" lists. Whadyapuck is an online marketplace
for users to trade products in a more efficient manner. Use of
listings for the purpose of advertising, solicitation of services or
any other purpose not related to Whadyapuck is a Violation.
Misuse or abuse of other users' personal information.
Whadyapuck prides itself on maintaining our Users' privacy.
Publishing, selling, exchanging, distributing or using another User's
personal information in any way outside of completing the transaction
is a Violation. Additionally, contacting another User for any purpose
outside of the closing of a transaction is a Violation. For further
information regarding this, please see our Privacy Policy.
Use of profanity in listings or communication.
Whadyapuck routinely checks listings for profanity and other
questionable content. Profanity will not be tolerated in the Item
listing, the Ask a Question portion or in communications between
traders or with Whadyapuck. Profanity in any of the above listed
forms will result in a Violation being placed on your account, and
may also result in the removal of your listing. It is important to
note, however, that if the use is extreme, defamatory, or contains
racial or ethnic slurs, hate messages, etc., and it will be
considered a Zero Tolerance offense and be enforced accordingly. (See
below)
Creating a new User account to escape bad reputation or
after
being indefinitely suspended. The ratings and violations
systems have been put into place to help other Users see how you do
business online. Any attempts to deceive Users are Violations.
Wrongful accusations against other Users within the
Whadyapuck community. False accusations and
misrepresentations in reporting of offenses by other Users will not
be tolerated by Whadyapuck, and are Violations by the reporting
User.
Zero tolerance offenses are the most serious offenses in the
Whadyapuck community. If, after investigation, it is determined that
the reported offense is a Zero Tolerance offense, permanent
suspension of your account will go into effect immediately.
Examples of Zero Tolerance offenses:
Representing as a Whadyapuck or Whadyapuck, LLC employee.
Any attempt to represent you in any way as an employee of Whadyapuck
or Whadyapuck, LLC is a Zero Tolerance offense.
Intentional use of false contact information (including
credit card information, addresses, and inactive email accounts).
In order to transact in the Whadyapuck community, you must provide
accurate, valid contact and billing information. Intentional failure
to do so will result in the prompt removal of your account.
Use of slanderous remarks, hate messages, racial or
ethnic
slurs, or other defamatory remarks. Any use of the
aforementioned in descriptions, Ask a Question, email correspondence
between the Buyer and Seller or with Whadyapuck will not be
tolerated.
Threats of bodily harm, extortion or blackmail.
Any
such threats will result in the immediate permanent suspension of the
offending User's account.
Interfering with Whadyapuck Site or operations. Any
attempt to
interfere with, cause damage to, or in any way abuse or violate the
security and integrity of the Whadyapuck system is a Zero Tolerance
offense. Additionally, Whadyapuck may report such activity to the
appropriate law enforcement authorities.
Failure to participate in the reporting and investigation
process. Failure to respond in a timely fashion to a
notice
that an investigation that could result in the temporary or permanent
suspension of your account is a Zero Tolerance offense and your
account will be suspended permanently.
Please note that every case is
different and Whadyapuck will take each reported account into
consideration during the investigation process before making a
decision. Violations and Zero Tolerance offenses are not limited to
the above-listed offenses. If an offense has been investigated that
does not fall into any pre-defined category, Whadyapuck reserves the
right to suspend any User or remove any listing.
Please note
that other than noting violations and/or temporarily or permanently
suspending an account, Whadyapuck will not take any other action.
Under no circumstances will we attempt to avoid a sale or compel its
completion. These remedies are only available through a court or
other mutually acceptable third party.
DISCLAIMER OF WARRANTIES:
YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE"
BASIS. Whadyapuck EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Whadyapuck MAKES NO WARRANTY
THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE; NOR DOES
Whadyapuck MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED FROM THE SERVICE.
USER UNDERSTANDS
AND AGREES THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR
SERVICES THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND
RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM ANY TRANSACTION.
USER UNDERSTANDS THAT BY SIGNING UP YOU ARE OPTING IN TO WHADYAPUCK
ELECTRONIC NEWSLETTERS.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Whadyapuck OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
HEREIN.
16. LIMITATION OF LIABILITY: USER
AGREES THAT NEITHER WHADYAPUCK NOR ANY OF ITS PROVIDERS OF
INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR
DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF WHADYAPUCK HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT WHADYAPUCK
SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS
JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
USER AGREES THAT WHADYAPUCK SHALL NOT BE RESPONSIBLE OR LIABLE TO
USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY...
Some jurisdictions do not allow the limitation or
exclusion of warranties or of liability for incidental or
consequential damages so some of the above may not apply to you.
Indemnity: You agree
to defend, indemnify and hold Whadyapuck and (as applicable) its
officers, directors, employees, agents, subsidiaries, partners and
affiliates harmless against any and all claims made by or liabilities
to any third party resulting from any activities conducted under your
account, your use or misuse of the site, including, but not limited
to, posting content on the website, entering into transactions with
other website users, contacting others as a result of their
posting(s) on the website, infringing a third party's intellectual
property or other rights, failing to deliver goods or payment to
other website users or otherwise arising out of your breach of any
terms of this agreement.
User Information:
"User Information" is defined as any and all data you
provide to Whadyapuck or other Users during the registration, trade
offer and user ranking process, and through any interactive feature
of the system, including email. You represent and warrant that your
User Information (a) is not false, inaccurate or misleading; (b) is
not fraudulent and does not involve the sale of counterfeit or stolen
Items; (c) does not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (d) does not violate any law, statute,
ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition,
anti-discrimination or false advertising); (e) is not defamatory,
libelous, unlawfully threatening or unlawfully harassing; (f) is not
obscene and does not contain child pornography; (g) does not contain
any viruses, Trojan horses, worms, time bombs, or other computer
programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) does not create liability for us
and will not cause us to lose (in whole or in part) the services of
our ISPs or other suppliers; and (i) does not link directly or
indirectly to another web site. Furthermore, you may not list any
Item on the Site (or consummate any transaction that was initiated
using our service) that, by paying to us the listing fee or the final
value fee, could cause us to violate any applicable law, statute,
ordinance or regulation, or that violates our current listing
restrictions.
Limited License to Use Certain
Information for Marketing and Promotion: You hereby
grant us
a non-exclusive, worldwide, royalty-free, irrevocable, sublicense
able (through multiple tiers) right to exercise all copyright and
publicity rights, in any existing or future media, known or unknown,
over the material or user data displayed in Your listings, including
your User ID, and geographic location, and description of an Item
listed, traded, sold or bought by you on the Site to the extent that
the exercise of such rights would not violate the policies outlined
on the Site's Privacy Policy.
Others' Information:
You agree not to make use of anyone else's User Information other
than as necessary to complete any Whadyapuck transactions in which
you and the subject of the User Information are involved
Language of these Terms of
Service: It is the express wish of the parties that this
document and any related documents be drawn up and executed in
English.
Please
enjoy your Whadyapuck experience.
