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Terms

 

Introduction

Welcome to SpaceElephant.com. By using SpaceElephant.com services and tools, you agree to the following terms with SpaceElephant.com, Inc. and the general principles for the websites of our subsidiaries and international affiliates.

This Agreement is effective on September 20, 2009. 

Scope

Before you may become a member of SpaceElephant.com, you must read and accept all of the terms in, and linked to, this User Agreement and the SpaceElephant.com  Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use SpaceElephant.com sites or services, or when you use the tools we make available to interact with SpaceElephant.com sites and services.

Using SpaceElephant.com

While using SpaceElephant sites, services and tools, you will not:

  • post inappropriate content or items on our sites and services;

  • violate any laws, third party rights or our policies, such as the prohibited and restricted items;

  • 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 SpaceElephant;

  • 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 SpaceElephant);

  • transfer your SpaceElephant 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 SpaceElephant, or the interests or property of SpaceElephant's users;

  • export or re-export any SpaceElephant tools except in compliance with the export control laws of any relevant jurisdictions;

  • copy, modify, or distribute rights or content from the SpaceElephant sites, service, or tools or SpaceElephant's copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Collection

 

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We may collect and store the following personal information:

            email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;

            transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);

            shipping, billing and other information you provide to purchase or ship an item;

            community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;

            other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

            additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);

            information from other companies, such as demographic and navigation data; and

            other supplemental information from third parties (for example, if you incur a debt to SpaceElephant.com, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).


Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies langs/en.js" type="text/javascript"> and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad -customization programs, simply indicate your preference in preferences or by following the directions provided with the communication or advertisement.


Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

            provide the services and customer support you request;

            resolve disputes, collect fees, and troubleshoot problems;

            prevent potentially prohibited or illegal activities, and enforce our User Agreement;

            customize, measure and improve our services, content and advertising;

            tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and

            compare information for accuracy, and verify it with third parties.


Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with:

            Members of the SpaceElephant.com, Inc. Corporate Family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services.

            Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).

            Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

            Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.

            SpaceElephant.com in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name.

            Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.


Information You Share on SpaceElephant.com

Your User ID is displayed throughout SpaceElephant.com (and so available to the public), and is connected to all of your SpaceElephant.com activity. Other people can see your bids, purchases, items for sale, storefronts, feedback, ratings and as sociated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your SpaceElephant.com activities.

If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from SpaceElephant.com, may also be visible to other individuals who use the computer after you.


Using Information from SpaceElephant.com

SpaceElephant.com enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

            SpaceElephant.com transaction-related purposes that are not unsolicited commercial messages;

            using services offered through SpaceElephant.com (e.g. escrow, insurance, shipping and fraud complaints), or

            other purposes that a user expressly chooses.


Coookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. 

A few important things you should know about cookies are that:

            We offer certain features that are available only through the use of cookies.

            We use cookies to help identify you and maintain your signed-in status.

            Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.

            You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.

            You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)


NoSpam, Spyware or Spoofing

We and our users do not tolerate spam. Make sure to set your SpaceElephant.com notification preferences so we communicate to you as you prefer. You are not licensed to add other SpaceElephant.com users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report SpaceElephant.com-related spam or spoof emails to SpaceElephant.com, please forward the email to spam@SpaceElephant.com or spoof@SpaceElephant.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Share - It or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.


Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your SpaceElephant.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify SpaceElephant.com and change your password.


Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by signing on to SpaceElephant.com. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce SpaceElephant.com's user agreement, and take other actions otherwise permitted by law.


Security

Your information is stored on our servers located in the United States and Canada. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.


Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. SpaceElephant.com does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

The following describes the terms on which SpaceElephant offers you access to our services.

SpaceElephant Abuse

SpaceElephant 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.

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 SpaceElephant's sites, services, or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by SpaceElephant 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 SpaceElephant Buyer Protection Policy with respect to claims. SpaceElephant Buyer Protection covers only claims filed in accordance with the SpaceElephant Buyer Protection Policy, not claims filed with PayPal or 2checkout. We may suspend the SpaceElephant Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

You will not hold SpaceElephant.com liable for ANY discrepancies, misuse or claims.

Fees and Services

Joining SpaceElephant and buying listed items is free. We do charge fees for selling your items on Space Elephant.  Currently, there is a 6.5 %, plus any third party service charges (paypal or 2checkout) for all items sold on SpaceElephant.com. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the SpaceElephant.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free 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 collected 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 or 2checkout.com account balance.)

Content

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 SpaceElephant users). You may use catalog content solely in connection with your SpaceElephant listings during the time your listings are on SpaceElephant'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 or magazine content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog or magazinecontent 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 SpaceElephant 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 SpaceElephant 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 art dealer. Instead, our site is a 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 and fixed price 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.

We do not transfer legal ownership of items from the seller to the buyer. 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.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under SpaceElephant Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.