By using the Site in any manner, including but not limited to visiting or browsing the Site, you
(the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions
and policies referenced herein. This Agreement applies to all users of the Site, including without
limitation users who are vendors, customers, merchants, contributors of content, information and other materials or
services on the Site.
1. Stookit is a Venue
Stookit acts as a venue to allow users who comply with Stookit’s policies to offer, sell and buy certain collectibles within a fixed-price or best offer format. Stookit is not directly involved in the transaction between buyers and sellers. As a result, Stookit has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Stookit does not pre- screen users (except for services that require an application) or the content or information provided by users. Stookit cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Stookit does not transfer legal ownership of items from the seller to the buyer.
Stookit cannot guarantee the true identity, age, and nationality of a user. Stookit encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Stookit is a venue and as such is not responsible or liable for any content, for
example, data, text, information, usernames, graphics, images, photographs, profiles, audio,
video, items, and links posted by you, other users, or outside parties on Stookit. You use the
Stookit service at your own risk.
2. Membership Eligibility
Age: Stookit’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Stookit may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Stookit’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.Compliance:
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Stookit’s policies as stated in the Agreement and the Stookit policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Stookit, each of which is incorporated herein by reference and each of which may be updated by Stookit from time to time without notice to you.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Stookit of any unauthorized use of your password or any breach of security. You also agree that Stookit cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Stookit without Stookit’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and shipping address. To sell items on Stookit you must maintain valid payment information with PayPal at all times.
You may not transfer or sell your Stookit account and User ID to another party. You are responsible for all activity of the account and User ID.
Right to Refuse Service:
Stookit’s services are not available to temporarily or indefinitely suspended Stookit members. Stookit reserves the right, in Stookit’s sole discretion, to cancel unconfirmed or inactive accounts. Stookit reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a dealer table on Stookit is free (excluding additional sales listing fees and a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Stookit’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Stookit’s services are effective after Stookit provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Stookit may choose to temporarily change the Fees Policy and the fees for Stookit’s services for promotional events (for example, free listing days); such changes are effective when Stookit posts the temporary promotional event on the Site. Stookit may, at Stookit’s sole discretion, change some or all of Stookit’s services at any time. In the event Stookit 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 US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, Stookit may issue a credit for the applicable fees to a seller’s PayPal account.
You are responsible for paying all fees and applicable taxes associated with using Stookit. Stookit, at this time charges .25 to list a collectible on your dealer table. And a flat fee of 3% of your items sale price.
Fees and Termination:
If Stookit terminates a listing or your account, if you close your account, or if the payment of your Stookit fees cannot be completed for any reason, you remain obligated to pay Stookit for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/ or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Stookit.
4. Dealer Table Listing and Displaying
Dealer Table Listing Description: All listings on your dealer table must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Stookit’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale on your Stookit dealer table. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Dealer Table Policies:
All sellers are urged to communicate policies for their Stookit dealer table. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Stookit’s site-wide policies. Stookit reserves the right to request that a seller modify a dealer table listing.
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. All sales transactions will be facilitated through PayPal and protected by PayPal’s buyer and seller protection policies. Stookit does not offer buyer and seller protection.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Stookit transaction fees, misrepresent the item’s location, or use another user’s account without permission. Users who infringe on these rules may be booted off the site.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Stookit and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Stookit.
Restricted Activities: Your Content and your use of Stookit shall not:
- • Be false, inaccurate or misleading
- • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- • Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Stookit’s Copyright and Intellectual Property Policy)
- • Violate this Agreement, Stookit Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Stookit staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- • Interfere with a seller’s business or dealer table
- • Take any action that may undermine online reviews or feedback
- • Be obscene or contain child pornography
- • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- • Host images not part of a listing
- • Modify, adapt or hack Stookit or modify another website so as to falsely imply that it is associated with Stookit;
- • Appear to create liability for Stookit or cause Stookit to lose (in whole or in part) the services of Stookit’s ISPs or other suppliers
By posting Content on Stookit, it is possible for an outside website or a third party to re-post that Content. You agree to hold Stookit harmless for any dispute concerning this use. If you choose to display your own Stookit-hosted image on another website, the image must provide a link back to its listing page on Stookit.
Stookit considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Stookit shall not be liable for the disclosure or use of such Material. If, at Stookit’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Stookit will also consider that Material to be non-confidential and non-proprietary and Stookit will not be liable for use or disclosure of the Material. Any communication by you to Stookit is subject to this Agreement. You hereby grant and agree to grant Stookit, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully- paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Stookit does not control the Content provided by users that is made available on Stookit. You may find some Content to be offensive, harmful, inaccurate, or deceptive. 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 Stookit, you agree to accept such risks and that Stookit (and Stookit’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Stookit. Please use caution, common sense, and practice safe buying and selling when using Stookit.
Stookit is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Stookit does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Stookit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
Disputes with Stookit: In the event a dispute arises between you and Stookit, please contact Stookit.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Stookit encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Stookit, they may choose to contact PayPal to resolve the dispute. Stookit has no obligation to resolve disputes between users or between users and outside parties. To the extent that Stookit attempts to resolve a dispute, Stookit will do so in good faith based solely on Stookit’s policies. Stookit will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Stookit (and Stookit’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 disputes with one or more users, or an outside party.
9. Stookit’s Intellectual Property
Stookit, and other Stookit graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Stookit, Inc. in the U.S. and/or other countries. Stookit’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
- • Take any action that imposes, or may impose, in Stookit’s sole discretion, an unreasonable or disproportionately large load on Stookit’s infrastructure
- • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- • Bypass Stookit’s robot exclusion headers or other measures Stookit may use to prevent or restrict access to Stookit
Without limiting any other remedies, Stookit may, without notice, and without refunding any fees, delay or immediately remove Content, warn Stookit’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Stookit reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Stookit.
13. No Warranty
Stookit, Stookit’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Stookit’s SUPPLIERS PROVIDE Stookit’s WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Stookit, Stookit’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Stookit’s SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Stookit SHALL CREATE ANY WARRANTY. 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.
14. Liability Limit
IN NO EVENT SHALL Stookit, AND (AS APPLICABLE) Stookit’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Stookit’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Stookit’s SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Stookit’s LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Stookit’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 Stookit IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
YOU AGREE TO INDEMNIFY AND HOLD Stookit AND (AS APPLICABLE) Stookit’s PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, 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.
16. No Guarantee
Stookit does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Stookit’s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Stookit service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Stookit’s net income).
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.
20. No Agency
You and Stookit are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Stookit Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Stookit’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to Stookit (firstname.lastname@example.org) ; Attn: Legal Department; (in the case of Stookit) or, in your case, to the email address you provide to Stookit (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Stookit may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Stookit. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Stookit Inc., You may have this same information emailed to you by sending a request for this information to email@example.com.
Effective Date: September 2, 2014
Updated: September 3, 2014