Help Topic : Market Rules & Privacy Policy

Any misconduct on the Site is subject to the following penalties (and combination of which will determined in the sole discretion of Kaango):

• Formal Warning
• Removal of Listing with NO REFUND
• Suspension for a set period (to be determined by us)
• Indefinite Suspension
• Permanent Membership Revocation
• Legal Action Beyond the Market Site

To report abuse, click the "Report to Moderator" link in any ad on the site.

Our site forbids the posting of:

1. Firearm ads (recreational air guns are OK)
2. Pornography
3. Obscene words
4. Discriminatory or racist listings
5. Fraudulent ads or other ads that we deem to have the appearance of impropriety or a possible connection to any criminal enterprise.
6. Any other listing that we deem inappropriate or in contravention of generally accepted standards of decency.

We have full discretion to remove any ads that we believe violate our standards specified above and in the Membership and Privacy Policy. We may or may not refund any fees paid in connection with ads that are removed pursuant to our rules and policies.

The following conduct will subject the offender to suspension and possible revocation of account privileges.

Transactional Interference

This happens when any member deliberately tries to interfere with or condemn any transaction through email or telephonic communication with the participants. This does not apply to legitimate feedback through the marketplace rating system.

Harassment

No type of email, forum or other harassment of members will be tolerated.

Misrepresentation

It is a violation of the rules to make any form of material misrepresentation or falsification, whether it occurs in item listings, personal information or in communications made through the marketplace system.

Avoiding Fees

In order to bring a quality service to you, we require that every Member observe the fee structure and rules in place for listing an item. Any conduct that appears to be taken to intentionally avoid fees will be considered a rule violation. This conduct includes, but is not limited to listing frauds, obtaining information from our Market to sell outside the market or ending listings early to avoid fees or create additional selling opportunities to the detriment of any Member.

Pushy Buyers

Buyers who deliberately make an offer knowing they cannot meet one or more of the terms and conditions listed in the ad. This also applies to buyers who re-bid after the seller has cancelled their bid.

Failure to Deliver

Refusing to deliver product after payment has been received or delaying delivery to extract additional charges or other gains.

Spam

It is a violation of the rules to engage in any form of indirect solicitation or spamming of members. In particular, members may not email bidders on one item to inform them of a competing item elsewhere in the marketplace. In addition, any unsolicited contact to members other than communications to sellers regarding their listings will be considered spam unless proved otherwise.

Harvesting and Publishing

It will also be a violation of our rules to harvest or attempt to harvest, republish or otherwise disseminate email addresses or other personal contact information gained during the course of legitimate or illegitimate activity on the Market Site.

By registering as a User of this Site, you agree to the following terms and conditions:

Application

This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains this newspaper's Website and www.kaango.com (collectively the "Kaango Classifieds Service"). If you object to the terms and conditions of this Agreement, please refrain from utilizing our services because this agreement is a waiver of any and all right to sue us for damages incurred as a result of your use of the Kaango Classifieds Service.

Binding Effect

You are deemed to have read and accepted all of the terms and conditions contained in this User Agreement and Privacy Policy, when you became a visitor of the Kaango Classifieds Service.

Changes to this Agreement

From time to time, we may amend this Policy by posting the amend terms on our Website. New terms will be effective immediately. If you have opted to receive such notices, you will also receive a notice of policy changes via email. This agreement is effective as of March 1, 2006 and binding on all users of the Kaango Classifieds Service.

Membership

Kaango Classifieds Service is restricted to individuals that are 18 years of age or older. Individuals under the age of 18 may use the Kaango Classifieds Service only with the supervision of a parent or guardian. Users who are eligible to use the Kaango Classifieds Service are hereinafter referred to as "Eligible Users." Users may request removal of their name and personal information from the Website at anytime. We will attempt to honor all such requests as expeditiously as possible.

Market Fees and Services

Eligible Users may browse the Kaango Classifieds Service at no charge. Eligible Users who wish to post items for sale on the Kaango Classifieds Service are subject to the published fee schedule on the Kaango Classifieds Service. The Fee Schedule is incorporated herein by reference as if fully set forth herein.

Non-Involvement in Disputes

Neither Kaango, LLC., nor any of its Kaango Classifieds Service partners are brokers, agents or auctioneers. We provide software to enable individuals to conduct classified sales of products in an automated and efficient manner. With regards to our substantive involvement in disputes, you should treat this service no differently than you would a printed newspaper service. We are a medium by which you may interact with and conduct transactions between Eligible Users. We will not become involved in any dispute between Eligible Users other than to determine whether to restrict access to the Website by any user engaged in apparent misconduct. Kaango, LLC. will not resolve any disputes between Users. Users are responsible for all dispute resolution and engage in sales at their own risk. Kaango, LLC. reserves the right to facilitate resolution of disputes by providing information to interested parties upon request.

No Warranty on Items or Listings

We do not warrant the quality, appropriateness or legality of an item posted for auction or sale on this site. In addition, we do not warrant the accuracy or truth of any listing in our service. In our sole discretion, we may remove any listing from the site for any reason we deem appropriate or necessary under the law or under our guidelines of business.

User Ratings or Speech

Neither Kaango, LLC. nor its Kaango Classifieds Service partners have control over ratings provided by Eligible Users. You may disagree with such ratings or find them inappropriate. This is a risk you take by participating in the marketplace. By using the Kaango Classifieds Service, you agree to accept these risks and understand and agree that neither Kaango, LLC. nor its Kaango Classifieds Service partners are responsible for the statements, acts, allegations or omissions of Eligible Users made on the Kaango Classifieds Service. Notwithstanding the foregoing, Kaango, LLC. employs a staff of moderators who will take steps to maintain decorum on the Website. You agree not to take any actions that are calculated to or would forseeably compromise the value and integrity of our User rating system. We reserve the right to suspend any User for any reason we deem appropriate or necessary.

Listing and Selling

By listing an item on the Kaango Classifieds Service, you are warranting that you have legal title or legal authority to sell the item contained in the listing. Listings must comply with the applicable listing rules for classified ads. The listing rules are incorporated herein by reference as if fully set forth herein.

Content Compliance

By posting any text or images on our service, you warrant that:

1. you have the necessary rights and licenses, consents,
permissions, waivers and releases to use and display said content
2. that your posted content:
• shall not violate, misappropriate or infringe any rights
of the Kaango Classifieds Service or any third party;
• shall not constitute defamation, invasion of privacy or
publicity, or otherwise violate any rights of any third party;
• is not designed for use in any illegal activity or
promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
3. that your content shall not contain any unauthorized
data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

Misconduct and Fraud

Kaango, LLC. will not tolerate fraud in the Kaango Classifieds Service. Even the appearance of impropriety can disrupt the integrity of the Kaango Classifieds Service. Accordingly, any Eligible User we suspect of engaging in fraudulent conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) or have their account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in our general rules set forth below:

1. Misrepresentation within the context of any listing, communication or transaction
2. Transactional interference
3. Fee avoidance
4. Fraud of any type
5. Breach of contract
6. Harassment of Users
7. Libelous communication
8. Violation of any law of the United States of America or of any of its constituent states.

Kaango, LLC. may, in its sole discretion take whatever action it deems necessary to maintain the propriety and integrity of the Kaango Classifieds Service, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO PARTICIPATE ON THIS SITE YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME.

Outages

We do not warrant or guarantee uninterrupted access to our services. Indeed, our site will be taken offline briefly for routine maintenance and/or backup twice each week and in cases beyond our control, for periods of time we are not able to estimate. Nonetheless, we do promise to make reasonable efforts to bring our services back online as soon as possible after any planned or unplanned outage.

Limited License

To enable us to provide marketplace services to you without fear of suit for doing so, you hereby grant Kaango, LLC. and its Kaango Classifieds Service partners a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, publish and transmit your personal information within the limitations set forth herein. We will only use your personal information in accordance with the herein.

No Warranty

Kaango, LLC., OUR KAANGO CLASSIFIEDS SERVICE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES AND OUR SUPPLIERS (COLLECTIVELY, "PROVIDERS") PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PROVIDERS 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.

Limitation of Liability

IN NO EVENT SHALL PROVIDERS 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). OUR LIABILITY, AND THE LIABILITY OF OUR 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 PAID TO US IN CONNECTION WITH THE ACTION GIVING RISE TO LIABILITY, AND (B) $150.00. 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.

Waiver and Release

User hereby waives and releases any and all claims, demands, causes of action or rights to sue for damages against Kaango, LLC. and its Kaango Classifieds Service partners (including each party's officers, directors, subsidiaries, joint ventures and employees) for the actions of Eligible Users, whether or not in connection with a transaction hosted on this Website. Kaango, LLC. hereby disclaims any and all warranty, whether express or implied, in connection with your use of this Website to perform classified ad or auction transactions. If you are a California resident, you waive any rights you may have under California Civil Code 1542, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You agree to indemnify and hold Kaango, LLC. and its partners 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 bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency

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

Notices

Except as explicitly provided to the contrary, any notices to Kaango, LLC. shall be given by postal mail to Kaango, LLC., 5613 DTC Parkway STE, Greenwood Village, CO 80111 or to support@kaango.com. Notices to you shall be delivered in accordance with your opt-in preferences to the email address you provide in your account.

Resolution of Disputes

All disputes between you and Kaango, LLC. (or any of the Kaango Classifieds Service partners) that cannot be resolved through ordinary business means, ("Claims") shall be resolved through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that either party seeks redress in a court of competent jurisdiction, venue shall be laid in the county in which the defendant resides. By bringing an action in court, you agree to submit yourself to the personal jurisdiction of the Courts of the State of Colorado. This Agreement shall be governed in all respects by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

ShareThis

If you choose to use ShareThis, please understand that this is a third party service and is not in any way affiliated with Kaango, LLC. Please review their privacy policy before using this service. http://sharethis.com/privacy#STS=g5udb2nt.muz

PRIVACY SECTION

Your privacy is paramount to us. We do not transmit, sell, rent or otherwise disseminate your personal information to third parties for any purpose without your approval.

Please take a moment to review the terms of our User Agreement and Privacy Policy. By registering with this site, you are bound by these terms and acknowledge you have read and understood them. If you have any questions, please contact us and DO NOT REGISTER. You are responsible for your own actions on this Website.

Stored Information Non-Disclosure

Kaango, LLC., owns and operates the marketplace service that you are using. Any personal information we collect during the course of your visits to our service ("Personal Information") is used solely to provide you the marketplace services we offer in the most efficient and effective manner. We do not use Personal Information for any purpose other than to provide you the highest quality service while you are visiting our Website. Personal Information is stored on separate secure database servers protected by firewall, IP blocks and other measures (including encryption and Secure Sockets Layers) designed to offer the highest levels of security. By providing your Personal Information, you consent to our use of same, but for the sole purpose of providing you with the services you request or authorize on the site. In addition, we may use "aggregate data" that we collect anonymously from our entire user base (e.g. the percentage of users from California) in order to generate marketing and demographic information. Nothing in this policy prohibits our use of aggregate data, provided that no information unique to any specific user is utilized without the user's specific consent.

Cookies and Other Tracking Mechanisms

In order to provide you with a seamless experience, we utilize cookie and session tracking technology, which allows you to move from page to page without having to login each time you view another page. In addition, this information allows us to pre-populate fields and in general make your browsing experience more pleasant. We do not track your browsing outside of our Website or for any other purpose than to provide you with marketplace services.

Use of Your Information by Other Users

In the ordinary course of business in our marketplace, you will be given communication access to other Users. In addition, with respect to classified ads, you will be privy to other Users' Personal Information to a limited extent. By registering with us, you understand that there are risks in providing your Personal Information to any individual with whom you have had limited or even extensive dealings. You also understand and agree that neither Kaango, LLC. nor its marketplace network partners have any liability whatsoever for the acts of other Users in connection with their use of your Personal Information. If you are wary of other Users having access to your information upon conclusion of an auction or during the course of negotiating a sale in the classifieds section or in the auction, you should not use this service. Kaango, LLC. and its partners offer this service as a mechanism and marketplace through which legally consenting adults may conduct business at their own risk.

Notwithstanding the foregoing, Kaango, LLC. has developed and will continue to develop and provide safeguards for its Users. Kaango, LLC. encourages use of a reputable escrow agent in connection with high-dollar sales. We also encourage use of our email-invisible forms in lieu of disclosing your email address in the content of your listings.

By registering with this site, you agree to use other Users' Personal Information solely for the purpose of conducting transactions related to merchandise offered in our marketplace unless otherwise authorized by the User whose information you are using. Under no circumstances are you permitted to utilize User information or contact links to solicit or otherwise harass fellow Users. Under no circumstances may any User "spam" any other User. Failure to abide by this provision may result in a suspension or permanent revocation of your account.

Maintain Safeguard Your Account Information

You are fully responsible for all charges, offers and other actions that occur while logged in to the site, whether or not you choose to share your login information with any third party. DO NOT give out your username or password to anyone. Make sure your information is up to date. If you sell items in our marketplace, ensure that your credit card information is current. Failure to do so could result in service interruption and possible disruption of an in-process auction. You are responsible for maintaining your account information using the "My Market" button in the marketplace. For security reasons, we will generally NOT respond to emails requesting updates of personal account information.

At your request, we will deactivate your account. Simply send an email to "deactivate@kaango.com".

Last update: February 23, 2010

If you have engaged in a transaction with another member and the other member has exhibited conduct that you believe violates the rules of the marketplace, you may file a complaint with Kaango (via support ticket at this time). Even if you do file a complaint, please understand the limits of our involvement in displutes as described below.

Neither Kaango, Inc., nor any of its Kaango Classifieds Service partners are brokers, agents or auctioneers. We provide software to enable individuals to conduct classified sales of products in an automated and efficient manner. To that extent, you should treat this service no differently than you would a printed newspaper service. We are a medium by which you may interact with and conduct transactions between Eligible Users. We will not become involved in any dispute between Eligible Users other than to determine whether to restrict access to the Website by any user engaged in apparent misconduct. Kaango, Inc. will not resolve any disputes between Users. Users are responsible for all dispute resolution and engage in sales at their own risk. Kaango, Inc. reserves the right to facilitate resolution of disputes by providing information to interested parties upon request.

Kaango, Inc. will not tolerate fraud in the Kaango Classifieds Service. Even the appearance of impropriety can disrupt the integrity of the Kaango Classifieds Service. Accordingly, any Eligible User we suspect of engaging in fraudulent conduct (whether or not we prove such conduct) may have their listings removed (with NO REFUND) or have their account suspended or revoked. Fraud or misconduct shall be deemed to include (but shall not be limited to) the items specified in our general rules set forth below:

1. Misrepresentation within the context of any listing, communication or transaction
2. Transactional interference
3. Fee avoidance
4. Fraud of any type
5. Breach of contract
6. Harassment of Users
7. Libelous communication
8. Violation of any law of the United States of America or of any of its constituent states.

Kaango, Inc. may, in its sole discretion take whatever action it deems necessary to maintain the propriety and integrity of the Kaango Classifieds Service, even if such action includes suspension or permanent revocation of your privileges here. YOU DO NOT HAVE THE LEGAL RIGHT TO PARTICIPATE ON THIS SITE. YOU HAVE A PRIVILEGE AND A LICENSE, WHICH MAY BE REVOKED AT ANY TIME.

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