jexbo

Terms of Use

Legal Agreement

The terms and conditions set forth in this document apply to all visitors, sellers, and buyers ("Users" or "you") to jexbo's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the user and jexbo.com.

Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

Introduction

jexbo is a tool to facilitate the exchange of information and knowledge in the world. We provide a service to enable Users to publish, and other people to purchase, digital content in on-line, DVD, CD-ROM, or data, text, software, music, sound, photographs, graphics, video, messages or other materials.

Content

When you post Content on jexbo's website, you keep your copyright, but you grant that jexbo will provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security Number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content you post, you authorize, Jexbo to disclose that Personal Data as apart of the Content. You may not include Personal Data about other people in you content.

By posting your Content on the site, you grant that jexbo, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and jexbo may make minor modifications to the Content for technical reasons. Of course, jexbo will credit you and/or the original artist, and we will usually ask you first. You further agree that jexbo may make minor modifications to the Content for technical reasons. We will not feature Content that you have marked "Direct Access" or "Available only to me." By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

• Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
• Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
• Does not invade any individual's right of privacy or publicity;
• Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
• Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
• Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or jexbo rule or policy;
• Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
• To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Jexbo cannot guarantee the accuracy, integrity or quality of Content.

jexbo reserves the right to refuse to permit your publication on the Site of any Content that jexbo, in its sole discretion, deems in violation of the terms and conditions set forth above. In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity. Community Use The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to jexbo. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold jexbo responsible for any inadvertent damage to, corruption of or destruction of the Content. jexbo is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. jexbo will not be responsible for archiving or backing-up any Content. If any Content transmitted to jexbo is damaged, lost or corrupted in any way, jexbo will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to jexbo. As a User, you agree not to use the Site to:

• Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm anyone, including minors, in any way;
• Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
• Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
• Employ a robot, spider or other process or device to harvest email addresses or other User information or to monitor the activity on the Site;
• Impersonate another person or entity or to forge any e-mail communication or message; and
• Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.

In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are. jexbo reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

General Terms

• You must be 18 years and older to use this site or have permission from a legal guardian.
• You are responsible for any activity that occurs under your username.
• You are responsible for keeping your password secure.
• You must not abuse, harass, threaten, impersonate or intimidate other Jexbo users.
• You may not use the jexbo service for any illegal or unauthorized purpose. Users 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 ("Content") that you submit, post and display on the jexbo service.
• You must not modify, adapt or hack jexbo.com or modify another website so as to falsely imply that it is associated with jexbo.
• You must not create or submit unwanted email to any jexbo member ("Spam").
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not, in the use of jexbo, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Jexbo account. While jexbo prohibits such conduct and content on its site, you understand and agree that jexbo is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the jexbo service at your own risk.

General Conditions

jexbo reserves the right to modify or terminate the jexbo service for any reason, without notice at any time. jexbo reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, jexbo will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at jexbo's sole discretion, in good faith and using common sense and reasonable judgment. jexbo reserves the right to refuse service to anyone for any reason at any time. jexbo may, but has no obligation to, remove content ("content" includes, for example, books, book descriptions, and information submitted in the forums) and accounts containing content that jexbo determine in jexbo's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, the Copyright Policy or other policy documents and community guidelines as posted on jexbo. Your account will be terminated, without prior 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 book description content to jexbo, you agree to allow other jexbo users to view them and you agree to allow jexbo to display the images and content on jexbo and store the images, book description, profile and other content. You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, the Copyright Policy and other policy documents and community guidelines as posted on jexbo before you may become a member of jexbo. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

jexbo may amend the Terms of Use, the Privacy Policy, the Copyright Policy and any other policy documents and community guidelines, at any time by posting the amended terms on jexbo. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on August 1, 2007 for all users.

Membership Eligibility

jexbo's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. jexbo's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended jexbo members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use jexbo. Further, your jexbo account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Fees and Services

Joining jexbo is free. jexbo charges fees to sellers for listing books for sale through Jexbo. When you list a book you have an opportunity to review and accept the fees that you will be charged. jexbo's Fees and Credits Policy is incorporated into this Agreement by reference. The fees for jexbo's services are subject to change. Changes to the fees for our services are effective after Jexbo provides you with at least fourteen (14) days' notice of the changes by posting the changes on jexbo. However, jexbo may choose to temporarily change jexbo's fees for jexbo's services for promotional events (for example, free listing days) and such changes are effective when jexbo posts the temporary promotional event on jexbo. jexbo may, at jexbo's sole discretion, change some or all of jexbo's services at any time. In the event jexbo 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 U.S. Dollars (USD). You are responsible for paying all fees associated with using jexbo's service and jexbo and all applicable taxes.

Fees for our services are a 5% transaction fee for each book sold.

jexbo is a Venue.

jexbo is not a retailer. Although jexbo is commonly referred to as an online marketplace, it is important to realize that jexbo is not a traditional "retailer." Instead, jexbo acts as a venue to allow an individual who complies with the policies of jexbo to offer, sell, and buy books which comply with the policies of jexbo. jexbo is not involved in the actual transaction between buyers and sellers. As a result, jexbo has no control over the quality, safety or legality of the books advertised, the truth or accuracy of the listings, the ability of sellers to sell books or the ability of buyers to pay for books. Jexbo cannot ensure that a buyer or seller will actually complete a transaction. Consequently, jexbo does not transfer legal ownership of books from the seller to the buyer.

Identity Verification

jexbo uses many techniques to verify the accuracy of the information jexbo's users provide to jexbo when they register on jexbo. However, because user verification on the Internet is difficult, jexbo cannot and does not confirm each user's purported identity. Thus, jexbo has established a user-initiated feedback system to help you evaluate with whom you are dealing. jexbo also encourages you to communicate directly with potential transaction partners through the tools available on jexbo. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because jexbo is a venue, in the event that you have a dispute with one or more users, you release jexbo (and jexbo's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Control

jexbo does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using jexbo. 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 jexbo, you agree to accept such risks and that jexbo (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on jexbo

Buying

A buyer is obligated to immediately pay in full by using PayPal by clicking the "Submit" button during checkout.

A seller must abide by all of jexbo's policies and the seller's own individual sale policies and sell and the book as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of returns.

Billing

In order for jexbo to bill the seller for the services you, as a seller, have used, jexbo will keep your credit card information on file and automatically charge your credit card for the amount due on the 15th day of each month. To insure that the amount charged is accurate, jexbo will email an invoice to you listing all of your transactions and the corresponding charges. If there are any books on the invoice which you consider to be inaccurate, please send us an email as soon as possible to billing@jexbo.com, so that we can either resolve the issue or eliminate the charge prior to charging your credit card. If you are unable to respond in time to avoid a questionable charge, please do not challenge the amount with the credit card company, but instead notify jexbo and we will make the appropriate adjustment in the next month's invoice.

Listing and Selling

• Listing Description: You must be legally able to sell the book(s) you list for sale on jexbo.com. You must describe your book 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 that book. All listed books must be listed in an appropriate category. Each listing must accurately and completely describe the book(s) for sale in that listing.

• Sellers' Policies: All sellers are urged to outline their individual policies. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. jexbo reserves the right to request that a seller modify one or more of their policies.

• Binding Sale: 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 or (b) you cannot authenticate the buyer's identity.

• Termination: Without limiting any other remedies, jexbo, without notice, may suspend or terminate your account if jexbo suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of jexbo's policies set out in these Terms of Use, the Privacy Policy, the Copyright Policy or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with jexbo.

• Manipulation: The price stated in each description must be an accurate representation of the sale. "Manipulation" refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example, manipulative activities include, but are not limited to, intentionally stating one price in the Book Description but charging a higher price to the buyer, altering the book's price prior to a sale for the purpose of avoiding jexbo transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller may manipulate the price of any book for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

• Prohibited, Questionable and Infringing Books

• Definition: "Your Information" is defined as any information you provide to Jexbo or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the [Forums] or the feedback area) or through any email feature. You are solely responsible for Your Information, and jexbo acts as a passive conduit for your online distribution and publication of Your Information.

• "Your Activities" include, for example, listing books, posting comments in any public message area (including the [Forums] or the feedback area) and email.

• Restricted Activities: Your Activities which results in Your Information (or any books listed) on jexbo shall not:
  1. be false, inaccurate or misleading;
  2. be fraudulent or involve the sale of illegal, counterfeit, copyrighted material or items which violate the policies of jexbo;
  3. infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  6. be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the policies of jexbo ;
  7. 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;
  8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  9. link directly or indirectly to or include descriptions of goods or services that:
  
  
  10. are prohibited under Terms of Use, the Privacy Policy, the Copyright Policy or other policy documents and community guidelines as posted on jexbo or;
  11. are identical to other books you have for sale but are priced lower;
  12. are concurrently listed for sale on a web site other than jexbo's (this does not prevent linking to or advertising a jexbo book from another web site); or
  13. you do not have a right to link to or include.

  Furthermore, you may not list any book on jexbo (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the sales commission fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Use or the Copyright Policy.

  License: Solely to enable jexbo to use the information you supply us with, so that jexbo is not violating any rights you might have in that Your Information, you agree to grant jexbo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. jexbo will only use Your Information in accordance with jexbo's Privacy Policy.

  Access and Interference

  jexbo may contain robot exclusion headers. Much of the information on jexbo is updated on a real time basis and is proprietary or is licensed to jexbo by jexbo's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access jexbo for any purpose without our prior express written permission. Additionally, you agree that you will not:

  1. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the policies of jexbo) from the Site without the prior expressed written permission of jexbo and the appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to jexbo.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. jexbo may, without prior notice, limit the number of purchases and listings, which you may place on jexbo 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.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by jexbo. 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 jexbo users, you agree that you shall not market or export your jexbo feedback rating in any venue.

Import: jexbo does not provide you with the technical ability to import feedback from other (non-jexbo operated) websites to jexbo because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach

Without limiting other remedies available, jexbo may, without prior notice, limit your activity, immediately remove your book listings, warn jexbo'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:

1. you breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
2. Jexbo is unable to verify or authenticate any of Your Information; or
3. Jexbo believes that your actions may cause financial loss or legal liability for you, jexbo's users or jexbo.

Privacy

jexbo does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and jexbo only uses your information as described in the Privacy Policy. jexbo views protection of users' privacy as a very important community principle. jexbo understands clearly that you and Your Information is one of jexbo's most important assets. jexbo stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use jexbo's services.

No Warranty

JEXBO, JEXBO'S SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES AND JEXBO'S SUPPLIERS PROVIDE JEXBO'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. JEXBO, JEXBO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND JEXBO'S VENDERS AND PARTNER SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Liability Limit

IN NO EVENT SHALL JEXBO, AND (AS APPLICABLE) JEXBO'S SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES OR JEXBO'S 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).

JEXBO'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JEXBO'S 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 JEXBO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD JEXBO AND (AS APPLICABLE) JEXBO'S PARENT, SUBSIDIARIES, AFFILIATES, MANAGERS, OFFICERS, 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.

Legal Compliance

You shall 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 books.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and jexbo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to jexbo, LLC Attn: Legal Department; P.O. 23043, Dearborn, Michigan 48123 (in the case of your notice to jexbo) or to the email address you provide to jexbo during the registration process (in the case of our notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, jexbo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to jexbo during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

jexbo's goal is to make you happy. In the event a dispute arises between you and jexbo, LLC, please email jexbo at support@jexbo.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Disputes between you and jexbo regarding jexbo's services may be reported to Customer Support by emailing support@jexbo.com.

Disclosures

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. jexbo is not affiliated with SafetySurf.com.