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TERMS AND CONDITIONS
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, CampGem.LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
1.post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
2.use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
3.fail to pay for items purchased by you, unless you have a valid reason as set out in an CampGem policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
4.fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
5.transfer your CampGem account (including Feedback) and user ID to another party without our consent;
6.post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
7.take any action that may undermine the feedback or ratings systems;
8.distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
9.distribute viruses or any other technologies that may harm CampGem or the interests or property of users;
10.use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of CampGem;
11.interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
12.export or re-export any CampGem application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
13.infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to CampGem. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to CampGem or someone else;
14.commercialize any CampGem application or any information or software associated with such application, except with the prior express permission of CampGem;
15.using this Website in any way that is, or may be, damaging to this Website;
16.using this Website in any way that impacts user access to this Website;
17.using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
18.harvest or otherwise collect information about users without their consent; or
19.circumvent any technical measures we use to provide the Services;
20.using this Website in any way that is, or may be trafficking illegally;
21.Posting any offensive or illegal content on this Website;
22.engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
23.using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and CampGem.LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
When listing an item, you agree to comply with CamGem’s Listing policies and Selling practices policy and that:
1.You are responsible for the accuracy and content of the listing and item offered
2.Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). CampGem can’t guarantee exact listing durations
3.Content that violates any of CampGem’s policies may be modified, obfuscated or deleted at CampGem’s discretion
4.We may revise product data associated with listings to supplement, remove, or correct information
5.We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer’s location, search query, browsing site, and history;
item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller’s history, including listing practices, Detailed Seller Ratings, eBay policy compliance, Feedback, and defect rate; and
number of listings matching the buyer’s query
6.We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers
When buying an item, you agree to the Rules and policies for buyers and that:
1.You are responsible for reading the full item listing before making a bid or commitment to buy
2.You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)
3.For motor vehicles 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 and does not create a formal contract between the buyer and the seller
4.Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise
6. Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant CampGem.LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against CampGem, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including CampGem users). You may use that content solely in your CampGem listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that CampGem is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name “CampGem” and other CampGem marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of CampGem in the U.S. and other countries. They may not be used without the express written prior permission of CampGem.
7. No warranties.
This Website is provided “as is,” with all faults, and CampGem.LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
8. Limitation of liability.
In no event shall CampGem.LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and CampGem.LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent CampGem.LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11. Variation of Terms.
CampGem.LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
CampGem.LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between CampGem.LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
14. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of Mississippi, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Mississippi for the resolution of any disputes.