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TERMS OF USE

Last Updated: September 20, 2016

Terms of Use for All Buyers, Sellers, and Users of the Plazko.com web site

Welcome to Plazko.com and the Plazko.com Marketplace! We're proud of our sites, and we want to offer you a wonderful browsing or buying experience. You can help us help you, if you understand our house Terms of Use.

When you use our Services (even when browsing our website), you are agreeing to our Terms of Use. If you do not agree with these terms and conditions, you cannot use our site. We ask this for the protection not only of Plazko.com's owners and staff, but for all of our buying and selling members.

By 'Content', we include but are not limited to the Plazko.com metadata, logos, branding, in-house generated product images, in-house generated marketing text, programming hidden text; Seller-provided product images, Seller-provided product information; and Buyer reviews and usernames.

By 'Buyer', we mean anyone using our sites to browse or purchase physical goods, services, media content, or any other commercial offering.

By 'Seller', we mean anyone who is a third-party seller who has created a sales account 'Shop' on Plazko.com Marketplace.

By 'Plazko.com', we mean Plazko.com, the Plazko.com Marketplace, and any subsidiaries and affiliates of Plazko.com. We also refer to Plazko.com as 'we' and 'us', to help you better understand our contract.

By 'Terms', we mean this document and the other legal documents we reference below.

By 'Services' we mean outside Sellers' ability to create and maintain Shops and other accounts on Plazko.com and/or the Plazko.com Marketplace, buy and sell on the Plazko.com Marketplace, our ability to make those options available, and the general public's ability to browse our sites. Our Terms are a legally binding contract between you and Plazko.com. This contract details your rights and responsibilities when you use our Services (which can include use of our website, mobile apps, and other platforms), so please read this whole document carefully, and all the way through! BY USING THE PLAZKO.COM SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH PLAZKO.COM THROUGH BINDING ARBITRATION, NOT IN COURT. NOTWITHSTANDING CERTAIN EXCEPTIONS, YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS.

We will continue to update these Terms of Use as Plazko.com evolves as a shopping platform. To keep current on our changes, please visit and read our Terms of Use often!

 

General Policies

A. Read and understand our Terms of Use contained in the following pages.

B. Don't steal our code. At Plazko.com, we're very proud of the adaptive, muscular websites and supporting code we have developed from the ground up. To protect our proprietary systems, you agree to not steal, crawl, scrape, spider, or otherwise try to reverse engineer or obtain our source code. If you want to use our API, please read and follow our API Guidelines.

C. Don't trash our systems. You agree to not interfere with or disrupt our Services, including but not limited to distributing viruses or other harmful computer code, launching denial-of-service attacks, or troll-commenting on members' Shops in order to harass, intimidate, or libel them.

D. Follow the Plazko.com Trademark Policies. These include the names of Plazko.com or any future site(s) we develop as part of our Services, and the representations of our logos, trademarks, service marks, trade dress, and other marketing devices of Plazko.com. We welcome licensed responsible use of those properties. To learn more, please read our Trademark Policies.

E. Please share your ideas. Plazko.com welcomes your suggestions and ideas for helping improve your experience on our site(s). Any unsolicited ideas or other materials you submit to Plazko.com (not including the actual items you as a Seller might offer through our Services) will be considered non-proprietary and non-confidential to you. By sending us such material, you grant us the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish for any purpose, without compensation to you.

F. Please talk to us online. We will provide you with certain legal information in writing. By using our Services, you agree to abide by our Electronic Communication Policy, which details how we will provide that information. As an online company we prefer to send you information via email, text message, and other electronic forms of communication (much less paper waste!). Your electronic agreement will be considered the same as your paper signature.

G. You consent to the collection, use, disclosure, and other handling of information described in our Privacy Policy, which may be updated from time to time. You consent to the recording and storage of emails, text messages, support chat, and other forms of communication between you and us, regardless of who initiates such contact. Monitoring and collecting emails and texts help us help you, by making our sites more efficient, timely, and user-friendly.

  • You agree that your user information (including name, username, company name, email address, shipping address, billing address, payment information, or other relevant information) will be shared with sellers, shipping carriers, and other service providers. Your credit card number is never shared with sellers or other service providers.
  • You agree that your username, reviews, and other sales and purchasing information may be used by Plazko.com for the purposes of marketing and promotion, at no compensation to you.
  • In the event that Plazko.com and/or the Plazko.com Marketplace are sold, your collected purchasing information, sales history, reviews, and other stored data may be included in that sale.


Registration

To make a purchase on Plazko.com or the Plazko.com Marketplace, you must register for an account. It's free to register, and we make it as easy as we can! You must be at least 18 years old, or of legal age, or have parental or guardian's permission to enter into contract. We limit one account per Buyer. Be aware of the following points, as they may pertain to how you use your Plazko.com account. Go here for full registration details.

A. You agree that all of your registration information will be accurate, true, and complete, and you will keep that information up-to-date. You may not use false information, pseudonyms*, or impersonate another person or company in setting up or running your account.

*We understand that many individuals buy, sell, and create goods and services under artist's names, pen names, or other pseudonyms in order to shield or safely express their true identities. All that we ask is that you help us verify you are who you say you are, and we will protect your identity as we would your other personal information.

B. You agree to protect your Plazko.com username and password, keep your password confidential, and change your password as quickly as possible if you suspect it has been compromised. 

C. You agree to only access Plazko.com, the Plazko.com Marketplace, and our other site(s) from devices with current and effective operating systems and security software.

D. You agree not to allow anyone else to use your account. If you are a business, you are responsible for any other users on your account, and they must follow our Terms of Use, as well. You agree not to allow your account to be used in any way meant to circumvent the general or specific Plazko.com Terms of Use

E. You are responsible for all actions and operations involving your account.

F. By registering an account on Plazko.com or the Plazko.com Marketplace, you agree:

  • Your username, profile image, or other identifying information must not contain obscene, racist, threatening, or harassing language or imagery.

 

Terms of Use for Buyers

Regarding the separation of Plazko.com from the Plazko.com Marketplace (and other future Plazko sites and venues):

 

A. Plazko.com offers a selection of fine products and/or services

These items will be available for purchase directly through our online portal at Plazko.com, and payment directly to Plazko.com via accepted credit cards and online payment services. Plazko.com has its own Payment Policies and Returns and Refunds.

Pricing errors, out-of-stock, materials availability and quality, and other issues can occasionally cause an order to be delayed or canceled. Plazko.com will work with the Marketplace Sellers to help ensure that such incidents are handled promptly and fairly.

 

B. Plazko.com Marketplace

These Sellers operate separate venues called 'Shops' through our online portal, allowing Buyers to discover, research, and enter into transactions around the world. 'Specialty Shops' can include but are not limited to one-of-kind or limited edition artisan-made products; expertly curated collectible and vintage boutique items, and custom items. By shopping on Plazko.com Marketplace, you understand and agree that: 

  • You are not buying directly from Plazko.com, but from our Sellers.
  • While we reserve the right to assess the initial Seller application for product quality, accuracy, authenticity, or fitness-for-use, we can make no continual or long-term warranty of such. 
  • While Plazko.com Marketplace processes sales through the same online payment services as Plazko.com, Sellers have their own Shop policies, processing times, and preferred shipping methods. If you have a question about a product or service, we encourage you to contact the Seller directly through their Plazko.com Marketplace Shop.
  • By making a purchase from either Plazko.com or a Plazko.com Marketplace Shop, you agree that you: have read the item description and Shop policies before making a purchase; have submitted appropriate payment for item(s) purchased; and have provided accurate shipping information to Plazko.com and/or (for Marketplace Shops) the Seller.

 

C. Marketplace Policies

  • All Sellers will follow the minimum Plazko.com Returns/Refund Policies.
  • Sellers may opt for Enhanced Returns and Refunds based upon the types of Shops they create.
  • Some Sellers may be part of special programs that have different Shop Policies.
  • We urge Buyers to check for in-depth Shop Policies at individual Shops.
  • We encourage Sellers to set fair and reasonable prices for their items, fulfill order processing promptly, and engage in the feedback process to improve the experience for everyone. 
  • However, Plazko.com does not set Marketplace shop prices.
  • As members of the Plazko.com community, Buyers have the opportunity to flag an item or a shop that violates any of Plazko.com’s policies. Flagging is confidential, and helps us maintain a high-quality browsing and buying experience for everyone.
  • Title and Risk of Loss: In the case of specific physical items, title to the items you purchase on both Plazko.com and the Plazko.com Marketplace passes to you upon delivery of such goods to the carrier, as does the related risk of loss! 
  • The Plazko.com Case System can be used in cases of disputes.

 

D. Returns and Refunds

While Plazko.com will make every effort to provide return and refund services for sales on both Plazko.com and the Plazko.com Marketplace, we reserve the right to deny such to buyers who generate excessive or abusive returns or attempted returns. Those actions may void Plazko.com's collective Returns and Refunds, any guarantees as applied to future orders on Plazko.com site(s), or even account membership on Plazko.com, Plazko.com Marketplace, and other affiliated site(s).

  • Plazko.com returns and refunds are handled only as described in our Returns and Refunds.
  • Each Seller will follow the minimum Plazko.com Marketplace Returns/Refunds Guidelines, and may opt for 'Enhanced' Returns/Refunds Guidelines.
  • If you reside in the European Union, you may be entitled to a 14-day 'cooling off period', or a 'right of withdrawal', during which you may return an item for any reason.
  • Buyers may be required to include a Return Merchandise Authorization Number (RMA) to used on the outside of the return shipping box or package, and inside with the Buyer's name, contact information, agreed resolution, etc. Please visit your order history and follow return procedures.

Returns and Refunds, Guidelines, and Exceptions:

Non-Delivery

 Occurs when a Buyer places an order and submits payment, but the order is not delivered. This includes but is not limited to the following:

  • An item was never sent.
  • An item was sent to an address that is not on the Plazko.com or Plazko.com Marketplace order, or was not verified through Buyer/Seller conversations or through address verification.
  • There is no proof that the item was shipped to the Buyer’s address.
  • Lost-in-transit.

Not-as-Described

Items are Not as Described if they are materially and substantially different from the Seller’s listing description or photos. Some Not-as-Described cases can be:

  • Differences in material, size, color, model, or design. 
  • Sold as authentic to a certain material, process, or design but upon receipt are determined to be inauthentic. 
  • The item is determined to be flawed, damaged, or have missing parts. 
  • Items purchased in multiples are sent with the wrong number of items. Note: orders may be split into multiple shipments.
  • The condition of the item differs substantially from its image or description. 

Not-as-Described cases may also be filed for late delivery under certain guidelines. In order to qualify as a Late Delivery, the Buyer must provide proof that all of these conditions have been met: 

  • Item(s) were ordered for a specific date or event.
  • Both Buyer and Seller agreed upon a specific timeline for completion, shipping, and arrival of the product.
  • Because of that delay, the item(s) are rendered useless and/or superfluous after that date. 
  • To be considered for this type of case, the Buyer must pick a guaranteed delivery service! ('Priority' and 'Economy' shipping services cannot make accurate guarantees of delivery, and are thus disqualified as Late-Delivery cases.)

Ineligible Transactions

The following transactions are rendered ineligible for return/refund under the Plazko.com Terms of Use:

  • Items purchased in person, and not through Plazko.com, Plazko.com Marketplace, or any of our other  site(s), regardless of whether that item or a similar one was previously or concurrently offered through our sales platforms.
  • Intangible items or services, whereby neither the Seller, Buyer, nor Plazko.com can reasonably ascertain whether the product has allowed or caused a particular intangible function or action.
  • Items are prohibited by certain local, national, or international conventions. 
  • Transactions where payment is not made through Plazko.com's approved payment platforms.
  • Items that are returned without a return agreement arranged beforehand. Sellers may require a Return Merchandise Authorization Number (RMA) to used on the outside of the return shipping box or package, and inside with the Buyer's name, contact information, agreed resolution, etc. Failing to include that RMA and required information may delay or invalidate the return process, so please visit your order history and follow return procedures.
  • Items that have been altered, used, worn, washed, or otherwise altered after Buyer received them. 
  • Items returned without Seller's packaging materials as pertaining to secondary boxes, shaped-foam insets, bags, product packaging, etc. These are included in this notice as they can be necessary to physically protect the item in shipping, and/or may be necessary in Seller's restocking of item. Most Sellers will re-sell returned items, so please be respectful of the Seller and the product!
  • Physical or tangible items unavailable for return because they have been destroyed or discarded by the Buyer.
  • Items that are received after the agreed-upon delivery date due to unavoidable shipping delays.
  • Cancelled transactions that have already resulted in a refund.
  • See list of non-returnable Products.

 

E. Leaving Reviews of Items

For clarity, review opportunities will be offered in three main categories: Seller, Product, and Shipping Carrier.

  • 'Seller reviews' cover the Seller's conduct toward the Buyer.
  • 'Product reviews' cover the product itself and/or its presentation on Plazko.com or Plazko.com Marketplace.
  • 'Shipping Carrier reviews' cover the shipper chosen to deliver the item.

Reviews help other Buyers learn about a Shop’s items and reputation, help Buyers find the shipping carrier best for their needs, and help responsible Sellers build a good reputation.

  • You may leave a review any time after receiving your product or service. 
  • We ask that your reviews reflect your honest, unbiased opinions, findings, beliefs, or experiences. 
  • If you think your one review won't matter, think again! Word of mouth advertising is one of the most effective and trusted ways to bring great products and services to the public.
  • Plazko.com reserves the right to use any and all reviews for purposes of marketing and promotion, with no compensation.

Note: Plazko.com does not allow paid third-party reviews or in-kind reimbursement for product or service reviews. That means Sellers can't pay to get glowing reviews of their product or service from workers at online platforms such as Fiverr or Craigslist. If this sounds harsh, be aware that paid and often false reviews are a multimillion-dollar problem in online sales. False reviews distort sales figures, rankings, and customer confidence, resulting in an uneven playing field for genuine Sellers.

If someone gave you a free product or service listed on Plazko.com or Plazko.com Marketplace, in return for a good review, you may not leave that review on the Plazko.com site(s). Should the latter situation occur and you genuinely want to review a free product or service, we encourage you to review that item on a third-party site such as your personal blog, website, Twitter, Pinterest, Facebook, or other online account...and we'd be honored if you included that item's Plazko.com buy link or Seller's Shop link on Plazko.com Marketplace. 

The sole exception to this policy concerns products offered as prizes, bonuses, giveaways, or other promotions by Plazko.com or Plazko.com Marketplace, in which cases reviews are welcomed on the Plazko.com site(s).

By leaving a review, you acknowledge that:

Your review will be publicly displayed on Plazko.com's or the Plazko.com Marketplace Seller's listing and review pages.

Your review must conform to some basic guidelines. These include:

  • Reviews must be about a real product or service offered by or sold through Plazko.com or Plazko.com Marketplace;
  • Reviews must not contain Buyer's or Seller's private information;
  • Reviews must not contain obscene, racist, threatening, or harassing language or imagery;
  • Reviews must not contain advertising or spam;
  • Reviews must not concern things outside the Seller’s control, such as actions by a shipping carrier, bank, or other third party.
  • Reviews must not undermine the integrity of Plazko.com's review system. 

Plazko.com does not allow extortion, blackmail, or any other kind of intimidation designed to manipulate Buyer reviews or Seller actions. Examples of extortion can include but are not limited to the following:

  • Buyer leaves a negative review in an attempt to force the Seller into providing additional products or services not agreed upon in the original transaction.
  • Buyer leaves a negative review in an attempt to force the Seller into providing a refund when a refund is not warranted.
  • Buyer leaves a negative review in an attempt to punish or harass the Seller, for reasons not related to transactions on Plazko.com.

Shilling and sock-puppets are not allowed on Plazko.com.

  • 'Sock-puppets' are secondary alternate accounts created as hidden personas, and are often used to troll, insult, and/or harass rival Sellers or Buyers. 
  • 'Shilling' is a dishonest marketing practice whereby someone attempts to inflate a Seller's reputation by dishonest means through good reviews and/or fraudulent purchases. Both practices violate Plazko.com's Terms of Use. Shilling is also considered to be a deceptive business practice by the US Federal Trade Commission, and in certain cases may fall under civil or criminal prosecution. 
  • You may not access and or use our site(s) through concealed IP addresses, and/or by using third party credentials, fraudulent credentials, or other methods to conceal your true identity, except as noted above in our Registration section 1A. 

As noted above, Plazko.com does not allow shilling by sock puppet accounts, false sales created by fraudulent means, third-party reviews paid for by the Seller, or other attempts to manipulate our review system.

  • Should we determine that one or more of these practices are being engaged in by a Seller or Buyer, we reserve the right to terminate that account, and any other accounts maintained by that Seller or Buyer.
  • Our Sellers may choose to respond to negative or neutral reviews, provided they do so in a civil and reasonable manner, and for good reasons including but not limited to correction of information, or clarification of materials or techniques. We remind Sellers that reviews are ultimately subjective, and meant more for customer benefit. Participation in online flamewars can damage a Buyer's reputation as well as a Seller's.

Plazko.com reserves the right to remove reviews that violate our policies or Terms of Use.

 

3. Accuracy, timeliness, and completeness of Information on Plazko.com, the Plazko.com Marketplace, or our other sites

Our online sites contain third-party information from Sellers, suppliers, and other providers. While Plazko.com makes every effort to be accurate, we cannot guarantee any aspect of a Seller's or supplier's product information including without limitation: product descriptions, images, materials, and specifications. The data provided by those Sellers and suppliers is for information purposes only, and may be inaccurate, out of date, incomplete, mis-categorized, or unhelpful; it may differ from information included on actual product packaging, inserts, or materials.

A. If you purchase a product that is not as described, your sole remedy against Plazko.com, the Plazko.com Marketplace, or Sellers is to return it and/or request a refund in accordance with Plazko.com'sReturns/Refunds Policies.

  • Certain Sellers may have Enhanced Store policies with different Returns and Refunds. 
  • Please note those discrepancies before you buy and arrange shipping. 
  • See list of non-returnable items.

B. We appreciate feedback, and welcome customer alerts as to the aforementioned errors and situations.

 

4. Restrictions on Access and Use

While accessing the Plazko.com site(s), you agree:

A. Not to violate any applicable-to-you rule, law, regulation, or Plazko's Terms of Use.

B. Not to engage in conduct that is fraudulent, unlawful, or otherwise harmful to Plazko.com, our Marketplace, our partners, subsidiaries, employees, or affiliates.

C. Not to display to others, mirror, frame, or reprint the Plazko.com site(s) or any component thereof, without express permission from Plazko.com.

D. Not to access the Plazko.com site(s) if we have terminated your accounts and/or otherwise prohibited you from such access.

E. Not to circumvent the Plazko.com rules and Terms of Use including but not limited to those related to Plazko.com's promotions, refund programs, product showcases, or contests.

F. Not to collect and/or use and/or sell the private information of Plazko.com principals, employees, partners, subsidiaries, or affiliates including but not limited to our Sellers, Buyers., and/or Suppliers.

G. Not to use the Plazko.com site(s) to determine information about a third-party's account, their personal information, or other data you do not have the legal right to access.

H. Not to use the Plazko.com logos, branding, metadata, hidden text, or other information in order to impersonate Plazko.com's principals, employees, partners, subsidiaries, or affiliates including but not limited to our Sellers and Buyers.

I. Not to send any unsolicited and/or unauthorized advertising, promotional information, email, junk mail, spam, chain letters, or other form of solicitation through the use of your Plazko.com account to other Plazko.com accounts.

J. Not to knowingly attempt or permit, encourage, assist, or allow any third party to do anything prohibited in these Terms of Use.

K. Use our Plazko.com Messaging System to contact Buyers, Sellers, or Plazko.com with any questions, comments, reviews, or other shop-related communication. This helps us keep track of that information, to better serve you!

 

5. Termination

A. If you decide to leave Plazko.com and/or the Plazko.com Marketplace.

  • We'd hate to see you leave us, but we understand that life is all about change. 
  • You may terminate your agreement with Plazko.com at any time, simply by following the Termination prompts in your account settings. 
  • Terminating your account will not affect the availability of some Content (including reviews) you may have posted on our site(s). 
  • Outstanding bills and fees will be due immediately; if unpaid, they may be sent to collections agencies.

B. We terminate your account.

  • We may suspend or terminate your Plazko.com and/or Marketplace account and related accounts at any time, for any reason, and without advance notice. 
  • If your account is shut down, please understand that you do not have a legal right to continue using our site(s) for any reason.
  • We may refuse service to anyone at any time, for any reason. 

By agreeing with Article 5A and 5B above, you acknowledge that certain parts of your Content, including but not limited to your reviews and usernames, may remain property of Plazko.com, and may be used by Plazko.com in marketing and promotional efforts without compensation to you.

C. Whether the choice to leave is yours or ours, please understand that you may lose important information associated with your account, so we recommend you regularly create offsite backups and/or product spreadsheets to preserve this historical buying description data.

D. Survival of Terms. These terms will remain in effect even after termination of your access to Plazko.com's platforms, sites, and Services, regardless of whether the termination was your decision or ours.

 

6. Notice of Copyright Infringement

A. Plazko.com reserves the right to, at its sole discretion, remove uploaded content, images, reviews, etc which infringe upon our Terms of Use.

B. Plazko.com reserves the right, at its sole discretion, to remove content uploaded by Buyers, Sellers, or other third parties that is determined to infringe upon intellectual property rights and other copyright claims under the Digital Millennium Copyright Act, 17 U.S. Code § 512.

If you believe that your copyright, or the copyright of a person on whose behalf you are legally authorized to act, has been infringed, please contact Plazko.com with a written notice containing the following information:

  • Accurate identification of the copyrighted (original) work or product. If your claim covers multiple works, include an accurate representative list of such works or products.
  • We need the physical or digital signature of the person making the claim, or the person authorized to act upon their behalf.
  • We need identification of the contested (copied) work or product that is claimed to be infringing upon copyright, including its title, description, and location on the Plazko.com site(s), including as much information as sufficient for us to find that work or product.
  • We need complete and legal contact information for the notifying party, including legal name, mailing address, telephone number, and email address.
  • We need a statement that you have a 'good faith belief' that use of the material in the manner complained of is not authorized by the actual copyright holder, its agent, or the law.
  • We need a statement that the information in your notification is accurate, and that under penalty of perjury you are the owner of, or are authorized to act upon behalf of the owner of, the exclusive copyright that is being allegedly infringed.

C. You may submit your written notice containing the above information by posted, tracked mail to the following Designated Agent of Plazko.com:

 

7. Warranties, Agreements, and Limitations of Liability against Plazko.com, the Plazko.com Marketplace, and its other sites and Sellers 

At Plazko.com we are always trying to improve our platforms and Services, but we're human and imperfect. We might make mistakes, or our systems might suffer glitches in our ongoing development. We'll do our best to fix the problem. But our Services are promoted and sold 'As-is', without express or implied warranties.  You use our Services at your own risk and reward. 

  • Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.
  • Neither Plazko.com, the Plazko.com Marketplace, or our future sites shall be liable to you for lost profits or revenues, or for any conseqential, incidental, indirect, punitive, and/or special damages concerning or rising out of our Services and/or our Terms and Conditions. 
  • Nor shall Plazko.com or the Plazko.com Marketplace, principals, employees, contractors, or other Sellers shall be liable to you for lost profits or revenues, or for any conseqential, incidental, indirect, punitive, and/or special damages concerning or rising out of our Services and/or our Terms and Conditions. 
  • Aggregate Liability shall be $100.

THE PLAZKO.COM AND Plazko.com Marketplace SITE AND ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS. PLAZKO.COM DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

A. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; 

B. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; 

C. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED; 

D. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND 

E. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PLAZKO.COM, PLAZKO.COM MARKETPLACE, OR AFFILIATES. 
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLAZKO.COM AND PLAZKO.COM MARKETPLACE DISCLAIM ANY AND ALL SUCH WARRANTIES.

F. BECAUSE PLAZKO.COM, OR PLAZKO.COM MARKETPLACE ARE NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE PLAZKO.COM, PLAZKO.COM MARKETPLACE (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM 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.

In general language, all that legally necessary stuff means the following:

G. Purchased items. By agreeing to our Terms of Use, you understand that items purchased on Plazko.com, the Plazko.com Marketplace, and our other sales platforms were manufactured by third-party companies or persons. While we provide the selling platform(s), we cannot make any binding warranties about any product's or service's quality, legality, or safety. Legal claims regarding items purchased through Plazko.com sites must be brought directly against the seller of the item. You also release Plazko.com and the Plazko.com Marketplace from any claims related to items sold on our platforms and Services; this indemnity includes defective items, misrepresentation by sellers, or items that cause physical injury.

H. Accessible Content. Plazko.com maintains reasonable general-access guidelines concerning its members' usernames and Content. While using our Services, you may come across material that you might regard as offensive or inappropriate. We urge you to report such information to us, but we reserve judgment as to appropriate action, and we will not be held liable for the accuracy, intellectual property compliance, legality, or decency of Content posted by other members of our site(s). By agreeing to these Terms of Use, you release Plazko.com, the Plazko.com Marketplace, and our affiliated site(s), agents, and employees from all liability regarding such claims.

I. Interacting with other members of our sites. We encourage healthy, supportive interaction between our members, either online or in person. However, by agreeing to these Terms of Use, you accept responsibility for your own protection (especially regarding in-person meetings), and absolve Plazko.com of any liability relating to your interactions with other members.

J. Third-Party Services. Our Services may contain links to third-party websites, platforms, advertisers, and other businesses that we do not own or control. In order to use some of these third-party sites in coordination with our own, you may need to accept their separate terms of use. Plazko.com is not party to those agreements, which are solely between you and the third party.

K. If you have a subpoena to serve on Plazko.com, please note that Plazko.com does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Plazko.com, preferably by mailing the subpoena to:

 

8. Indemnification and other Legal Actions

If Plazko.com and/or the Plazko.com Marketplace is sued because of something you did, you agree to defend and indemnify us.

  • You will declare Plazko.com, its affiliated sites, its agents, and its employees exempt from legal claims and demands (including acceptable legal fees) that result from your actions, use or misuse of our Services, your breach of our Terms, or your infringement upon someone else's rights. 
  • We reserve the right to address our own legal defense; even if you indemnify us, we hope you agree to cooperate on legal strategies for our common and mutual good.

 

9. Disputes between members or with third parties

  • Company oversight and/or mediation may be sought when there is an unresolved dispute between buyers and sellers. 
  • We reserve the right to make final judgments on most claims and disputes.
  • We encourage you to work out such disputes reasonably and in civilized adult fashion

 

10. Disputes with Plazko.com, the Plazko.com Marketplace, our affiliated site(s), agents, or employees

Please let us know if you have a problem with our Services; your continued goodwill and participation help us be a better company! If we can't come to a resolution or compromise, these are the guidelines we'll follow.

A. Jurisdiction: The Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules; and by the laws of the United States of America. These laws are applicable to Plazko.com and this dispute, no matter where in the world you live.

B. Arbitration: By agreeing to these Terms and Conditions, you agree as well that any unresolved disputes arising from or related to these Terms shall be ultimately and finally settled by arbitration, using the English language, administered by the American Arbitration Association (henceforth referred to as the 'AAA'), under those Commercial Arbitration Rules then in effect (such rules being incorporated by reference into this section). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award (if any) and may be entered in any court with jurisdiction. Arbitration will occur on an individual basis, as class arbitrations and class actions will not be permitted. You understand that by agreeing to these terms, you and Plazko.com waive their rights to trial by jury or to participate in a larger class action. Pending a final decision by the arbitrator and notwithstanding the foregoing arbitration, each party will have the right to bring a court action in the proper jurisdiction, for injuctive, equitable, or other conservatory relief.

C. In cases where US or State of AZ government agents or entities use Plazko.com or the Plazko.com Marketplace in their official capacity in course of job duties or extraordinary circumstances, the laws applicable will be first Federal, and then by permission of Federal law, the State laws of Arizona.

 

11. Changes to our Terms and Conditions

From time to time, and to better serve our clients and members, we may change these Terms. We will endeavor to inform you of all pertinent material changes, but may not be able to reach all members. We will post all major changes on Plazko.com.

  • It's to your benefit to be vigilant about your account activity.
  • Regularly check the Plazko.com blogs and site(s) for any changes that may affect you.

 

12. Durability of Terms and Conditions

Should one part of our Terms and Conditions be found to be unenforceable, the remaining items will remain in full force and effect. Plazko.com's failure to address or enforce any part of these Terms does not constitute a negation of those Terms, and is not a waiver of our right to later enforce them in part or in full. At our discretion we may assign any of our rights and obligations under the Terms.

 

13. Now that the scary legalese is out of the way...

Please know that we welcome your questions about our Terms and Services. Feel free to contact us at email address.



Rev. 3
Last Updated: Dec  6, 2017 3:12 PM

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