This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://selly.io, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Selly, Selly LLC.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Selly, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may modify these Terms from time to time. You understand and agree that your access to or use of our Services is governed by the Terms effective at the time of your access to or use of our Services. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on our Site. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of our Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on May 24, 2018.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Selly without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Selly's name or trademarks without the express written consent of Selly. You agree not to offer or modify any Content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Selly, in other way that is likely to trigger confusion among consumers, that disparages or challenges Selly or its licensors, that dilutes the strength of Selly's or its licensor's residential property, or that otherwise infringes Selly's or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Selly develops to generate or show any Material of the pages making up the Website is likewise secured by Selly's copyright, and you may not copy or adjust such code.
Selly has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our abuse department at https://selly.io/abuse/new.
If alerted by a User of any products which allegedly do not conform to these Terms, Selly could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Selly has no liability or duty to Individuals for efficiency or nonperformance of such activities.
The User has the right to legally advertise, sell or dispute the Content you post on our Website. Goods and content posted must abide by the following:
A. You agree not to, and will not assist, encourage, or enable others to use our Services to:
B. You also agree not to, and will not assist, encourage, or enable others to:
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Selly and its users any claims and assertions of any moral rights contained in such Feedback.
Your use of our Services is subject to our Privacy Policy available here
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account.
We reserve the right to terminate accounts remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. If a User's account is terminated, the User is then unable to have any other account(s) and we reserve the right to terminate accounts linked to the User.
Selly does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details. Selly does not take any responsibility for third party accounts being terminated due to a user's actions on https://selly.io including any type of payment service.
Registered Users of the Website might create a product or post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Selly reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material. Users cannot post evaluations of their own products to boost their feedback score. Selly reserves the right to remove all feedback of a User who is found to have committed this.
If you create a product, post an evaluation or send comments, and unless Selly suggests otherwise, you grant Selly a nonexclusive, royalty-free, permanent, irrevocable, and completely sub-licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Selly and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Selly for all claims resulting from Content You supply. Selly has the right but not the commitment to edit and keep track of or eliminate any task or Material. Selly takes no duty and assumes no liability for any content published by You or any 3rd party.
By purchasing goods off the Site, the User expressly agrees that Selly is not responsible for the funds they've sent and that no payments will be held in escrow. Customers pay the Seller directly, Selly cannot offer any sort of refunds or compensation for any orders. The User also agrees that Selly is not liable for the purchased goods due to the goods being wholeheartedly controlled by the Seller.
By signing up on the Site and selling goods via Selly, the User agrees that the Service will deduct a commission for qualifying sales off the incoming payments. This commission is non-refundable and the User agrees to not attempt to dispute, chargeback or reverse the fee payment for any reason. Payment processors may also charge their own fees which are separate from Selly's commission.
Selly reserves the right to change the commission charged and will notify the User if any such change is to take place. Should the User not agree with the new commission pricing scheme, they may cease using the Service. Should the User then utilize the Service again, they will then be deemed to have agreed and accepted to the modified commission pricing scheme.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Selly reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The materials appearing on Selly’s Website could include technical, typographical, or photographic errors. Selly does not warrant that any of the materials on its Website are accurate, complete, or current. Selly may make changes to the materials contained on its Website at any time without notice. Selly does not, however, make any commitment to update the materials.
The materials on Selly's Website are provided "as is" Selly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Selly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
The Website serves as a venue for Individuals to purchase distinct service or products. Neither Selly nor the Website has control over the quality or fitness for a particular function of a product. Selly likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SELLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SELLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, SELLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. SELLY DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM SELLY ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. SELLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL SELLY'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Selly has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Selly may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Selly’s Website shall be governed by the laws of Delaware without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You understand and agree that you are personally responsible for your behavior on our Services. You agree to indemnify, defend, and hold Selly, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Selly Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Services, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Selly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Selly. Selly will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Our Legal Terms shall be treated as though it were executed and performed in Delaware, United States and shall be governed by and construed in accordance with the laws of Delaware, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Selly under our Legal Terms shall survive the termination of our Legal Terms.