Terms of Use

BagZag, Inc. is pleased to welcome you. We're delighted to have you here. Make yourself at home and enjoy yourself, but please adhere to our house rules.

Overview:
It is important to note that while BagZag, Inc is generally referred to as an online social media marketplace, it is not a traditional "retailer." BagZag, on the other hand, serves as a forum for buyers and sellers to meet. BagZag is not involved in the actual transaction between buyers and sellers, and no legal ownership of things is transferred from sellers to buyers. As a result, BagZag has no control over the things displayed, sellers' capacity to sell items, or buyers' ability to pay for items.

Definitions:
"Your Information" refers to any information you supply to BagZag or other users during the registration process, the listing process (including images and descriptions), any public message section (including the Forums or the comments area), or via any email feature. BagZag provides a passive channel for the online distribution and publication of Your Information, and you are fully responsible for it.

"Your Activities" include things like listing items, leaving comments in any public message section (including the Forums or the feedback area), and sending emails.

Dispute Resolution:
BagZag's ultimate goal is to make you happy. If you have a disagreement with BagZag, please email us at support@bagzag.com, and we will work immediately to resolve it. All user-to-user issues should be reported to your local law enforcement, postmaster general, or a qualified mediation or arbitration agency.

General Overview: Terms
You acknowledge that you must be at least 16 years old to use this website, mobile app, or create an account.
You agree that you are solely responsible for keeping your password secure.
You acknowledge that you will not use BagZag for any illegal or unauthorised purpose.
You agree to abide by local rules governing online behaviour and appropriate content.
You are completely responsible for your actions on the Website, as well as any data, text, information, screen names, pictures, photos, profiles, audio and video clips, links, or other content that you submit, post, or display.
You undertake not to change, adapt, or hack bagzag.com or another website to indicate that it is linked with BagZag fraudulently.
You agree not to solicit, harass, or impersonate members of BagZag.
You promise not to send worms, viruses, or other damaging programming.

Furthermore, while BagZag prohibits certain conduct and content on the Website, you realise and agree that the Website is merely a platform and that BagZag is not responsible for the content placed there. You acknowledge that you are using the Website at your own risk.

General Overview: Conditions
BagZag retains the right to change or discontinue any service at any time, with or without warning.

BagZag maintains the right, at any time, to modify this BagZag User Agreement. If revisions constitute a major change to the Terms of Use, as assessed solely by BagZag, BagZag will notify you through e-mail in accordance with your account preferences.

BagZag maintains the right to refuse service to anybody at any time for any reason.

BagZag reserves the right to remove content (including, but not limited to, items, item descriptions, chat text, booth text, and information submitted in the forums) that BagZag determines is unlawful, offensive, threatening, libellous, defamatory, obscene, or otherwise objectionable, or violates any party's intellectual property, BagZag Terms of Use, BagZag Privacy Policy, or any other policy documents and community guidelines posted on BagZag. BagZag is under no duty to do so.

The Service allows you to publish photographs published on BagZag to other websites. This usage is legal. Pages on other websites that display photos housed on BagZag, on the other hand, must include a link back to BagZag from each photo to its BagZag photo page.

If your account is used to host graphic elements of web page designs, icons, smilies, friend icons, forum avatars, badges, and other non-photographic elements on external websites, BagZag will terminate your account without warning.

You can delete your account at any moment to erase your profile. This will also delete any private photographs stored in the system. By uploading photographs and item description content to BagZag, you agree to allow other BagZag users to view them and to allow BagZag to show the images and content on BagZag or in BagZag emails, as well as to store the images, item description, profile, and other content.

All BagZag visuals, logos, designs, page headers, button icons, scripts, and service names are trademarks or service marks, registered or unregistered. BagZag's trademarks or name may not be used in connection with any product or service in any way that is likely to cause confusion, including as part of trademarks and/or as part of domain names.

Your Content:
As a User of Our Services, all information that You post, transmit, or submit through Our Services ("Content"), including items, messages, offers, purchases, sales, and so on, is meant to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or that You have the right to grant us the licence described below, including the correct and legal permissions and consents for any personally identifiable information you provide to or upload via the BagZag Service(s).

By posting or otherwise transmitting any User Content, you hereby grant and will grant to BagZag and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, do derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of BagZag, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, Twitter, Pinterest and Instagram sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You also represent and warrant that the Content does not violate any other party's intellectual property, privacy, publicity, or other legal rights. We are not required to monitor any Content uploaded by Our Users on Our Services, but We retain the right to do so with or without notice in order to avoid or correct any alleged violations of this Agreement or any applicable law. We reserve all defences provided under the Communications Decency Act as well as any other applicable laws, rules, or regulations. We reserve the right to refuse to accept or display the Content and to remove or delete all or any portion of it at any time. BagZag is not responsible for the truth, usefulness, safety, or intellectual property rights of or pertaining to such Content, and such Content is not BagZag's responsibility.

You also understand and recognise that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the BagZag Parties in connection with such Content. Any and all Content You Upload that BagZag does not consider confidential will be treated as public information, and You agree and understand that it is intended to be shared with other users of our Services as well as third parties, all at BagZag's sole discretion, and BagZag has no control or liability over what other users do with your Content. You acknowledge and agree that BagZag will not be liable for any treatment of your Content as confidential, and you waive all rights to make such claims.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”) provided by you to BagZag are non-confidential. BagZag shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.

Intellectual Property Rights:
You agree that the Service contains images and descriptions that are protected by copyright, patent, trademark, trade secret, or other intellectual rights and laws ("Service Content"). BagZag retains all intellectual property rights. You agree not to duplicate, edit, scrape, distribute, create derivative works, or do or perform any other action with the Service Content or BagZag intellectual property that you are exposed to through our Service that is not expressly permitted by this Agreement. Any use of the Service or the Service Content that is not expressly authorised herein is strictly forbidden. All goodwill generated by the usage of BagZag Trademarks will be used solely to our advantage. BagZag reserves all rights not expressly granted herein. Other company, product, and service names and logos used and displayed through the Service may be trademarks or service marks of their respective owners, who may or may not promote, affiliate with, or be related to BagZag.

Infringement Policy:
BagZag respects other people's intellectual property and requests that our users do the same. Although BagZag is not obligated to do so, it will make all reasonable steps to investigate notifications of suspected infringement or violations of intellectual property laws and, where appropriate, take action. If you believe your work has been duplicated in a way that constitutes infringement or that your intellectual property rights have been violated, please give the following information to our Copyright Agent: (1) certification that you are the owner of the intellectual property or are authorised to represent the owner of the intellectual property; (2) a description of your work; (3) a description of the infringing work; and (4) a declaration that you feel the use of the work is not authorised.

If your work is removed due to infringement and you believe it is not infringing, please provide our Copyright Agent with (a) confirmation that you are the owner or authorised to represent the owner of intellectual property, (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information, and consent to submit to federal courts in the Eastern District of Virginia and a statement. BagZag will make every effort to settle counter-notices within 10 to 14 business days, will give the original complaining party a chance to seek a court order against the counter-claiming party, and may allow the original content to be republished if no order is sought. Please email our Copyright Agent at info@bagzag.com with the subject line "Takedown Request."

Third-Party Services and Linked Websites:
The Privacy Policy governs your use of the Service, and you agree that BagZag may collect and utilise your information, including personally identifying information. Our Service may include connections to third-party websites or services that we do not own or control (for example, Facebook links) that allow you to export information to third-party services. To utilise some aspects of our Service, you may additionally need to use a third-party product or service (such as a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third-party buttons (such as "share" buttons). You use these third-party services entirely at your own risk. Third parties may ask you to agree to their terms of service and privacy policies. These agreements are purely between you and the third party; BagZag is not a party to them.

BagZag's Fees and Credit Policy:
Changes to the Fees and Credits Policy and the fees for our services become applicable after BagZag posts the changes on BagZag and provides you with at least fourteen (14) days notice of the changes. BagZag may, however, opt to temporarily amend BagZag's costs and Credits Policy, as well as the costs for BagZag's services, for promotional events (for example, free listing days), and such changes become effective when BagZag posts the temporary promotional event on BagZag. BagZag reserves the right to change part or all of its services at any moment. If BagZag provides a new service, the costs for that service become effective when the service is launched. Unless otherwise specified, all fees are in US dollars (USD).

BagZag requires all seller accounts to furnish a credit or debit card for verification of identification and payment of fees and services delivered, unless an exception is granted by BagZag.

All fees associated with using BagZag's service and BagZag, as well as all applicable taxes, are your responsibility. If a seller owes more than $5.00 USD in fees at the start of the month, they are sent an invoice outlining the amount owed. The invoice amount must be paid in full within 15 days of the invoice date.

Our service fees will be described once they have been determined.

Listing Description:
You must have the legal right to sell the item(s) you advertise for sale on the Site. On the Site's listing page, you must explain your item and the terms of sale. Only written descriptions, graphics, photographs, and other content relevant to the sale of that item may be used in your listings. All things must be placed in the relevant category. Each listing must correctly and completely describe the item or items for sale. If the "in stock" quantity is greater than one, all items in the list must be the same. Each one-of-a-kind item must have its own listing. Outbound links that take users away from BagZag are not permitted in listings.

Binding Sale:
All sales are final. If you, as a seller, receive a purchase request (order), you are obligated to complete the transaction with the buyer as soon as possible, unless an exceptional circumstance exists, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you are unable to authenticate the buyer's identity.

Risks, No Warranty:
When you use a marketplace service like BagZag, you accept certain risks. BagZag is not involved in, nor does it provide a warranty for, any transaction between Buyer and Seller, nor does it have title to any Items, nor is it the Buyer or Seller in any transaction. You, as a Buyer and/or Seller, assume, agree, and acknowledge that you face all of the risks associated with selling or acquiring things through the Service.

Sellers:
You promise that you have the required rights to sell the items you make accessible and that you will describe them truthfully, correctly, and entirely.

Buyers:
Before making an offer or purchasing, you are completely responsible for reading and reviewing the Item listening. The purchase agreement is between You and the Seller, not BagZag.

Purchases:
Buyers may make offers to purchase Items from Sellers, which, if accepted, constitutes a purchase and a binding contract. When a Buyer purchases an Item, he or she is required to pay BagZag for the Item, including any shipping or other expenses specified. BagZag is not an auctioneer, seller, or carrier. Pricing, listing, and shipping assistance are provided as part of the service, but BagZag is not a buyer or seller of anything. BagZag reserves the right to postpone any Purchase in order to detect fraud or to safeguard users from other illegal or unlawful behaviours. All sales are final, with no returns, refunds, cancellations, or retractions permitted, unless (a) the Buyer cancels an order within three (4) hours of purchase, or (b) the Purchase is cancelled if explicitly permitted by BagZag or, where appropriate, a Seller.

Shipping:
BagZag will supply a prepaid shipping label to the Seller in order for the Item to be delivered to the Buyer (BagZag retains the right to discontinue delivering Labels to any or all users at any time and for any reason). The seller must then deliver the item to the buyer. If the seller does not send the item within three (3) days of receiving the label, we will alert the seller and provide a certain amount of time for delivery before cancelling the purchase. When utilising a label, the seller must only use the label to send the applicable item, is solely responsible for the contents of the parcel, and must comply with all terms and regulations of the shipping carrier. The buyer obtains the title upon shipment.

If an item is lost, damaged, delivered late, or does not come as expected, the buyer must notify BagZag within three (3) days after delivery. BagZag will credit Seller's account with an amount equal to the Purchase price, minus taxes and BagZag's commission, once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying BagZag or failing to notify BagZag within three (3) days of delivery (as determined by tracking information). Seller may redeem funds through BagZag's authorised third-party payment provider(s) or utilise funds to purchase things listed by other Sellers through the Service.

Taxes:
Purchased items may be subject to applicable taxes in your jurisdiction, which BagZag will collect from Buyers on behalf of Sellers where required, and remit such taxes to applicable taxing authorities on behalf of Sellers if taxes are collected and BagZag is legally required to do so. Please keep in mind that taxes are not included in the advertised price of Items, but will be disclosed prior to transaction confirmation. Credits can be used to change the taxes that apply to a Buyer's order. Taxes can be anticipated based on offers made on Items, but they are subject to change if the final sale price differs from the original offer. Taxes are levied based on a variety of factors, including the purchase price, location, and state, local, federal, or other applicable rates at the time of purchase. Despite the fact that we may assess taxes at the time of purchase or sale You are ultimately responsible for verifying and reporting all applicable taxes to the proper tax authorities, even if BagZag does not collect taxes on your behalf.

Payments:
Buyers may pay for Items using BagZag-approved payment methods, and BagZag will receive payment from Buyer on Seller's behalf. By submitting payment information to BagZag, you authorise BagZag to keep that information and charge You for any Items purchased with your confirmation.

Shipping Costs:
Buyers are responsible for any shipping charges associated with their purchased item.

Returns:
In certain cases, BagZag may allow you to return an Item. If the Item you receive is not as described on the Service, you may seek a return by reporting the problem through the Service or by contacting return@bagzag.com within three days of the Item's delivery (as determined by the tracking information on the Label).

Termination:
Without limiting any other remedies, BagZag may suspend or terminate your account without notice if BagZag suspects, in its sole discretion, that you have violated any of BagZag's policies set forth in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or that you have engaged in an improper or fraudulent activity in connection with your account (via information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise). If BagZag terminates a listing or your account, if you close your account, or if payment of your seller fees is unable to be completed for any reason, you are still liable to pay BagZag for any unpaid fees plus any penalties, if any. If the seller's account is not paid in full and becomes past due, BagZag reserves the right to charge the seller's card on file to collect past-due fees. The seller faces additional penalties such as privilege suspension and/or account termination, as well as various collection techniques (including the hiring of collection agencies and legal counsel). Contact BagZag for help if you have a query or want to dispute a charge.

Manipulation:
Each BagZag Item Description's price must be an accurate depiction of the transaction. Manipulation is defined as any activity in which the price no longer accurately reflects the monetary worth of the transaction. Manipulative activities include but are not limited to, stating one price in the Item Description but charging a higher price to the buyer, changing the item's price prior to a sale to avoid BagZag transaction fees, and hacking into another's account and changing prices. For any reason, neither the buyer nor the seller may manipulate the price of any item.

Sellers have up to 90 days from the transaction date to obtain refunds on final value fees. Refund requests for final value fees made after 90 days will be denied.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOU USE THE WEBSITE AND MOBILE APP AT YOUR OWN RISK. THE WEBSITE AND MOBILE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BAGZAG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE WEBSITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE WEBSITE.

Limitation of Liability
YOU AGREE THAT BAGZAG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

Governing Law
This Agreement shall be understood and construed in accordance with, and governed by, Virginia law, excluding any laws that may direct the application of laws from another jurisdiction. To settle any legal problem arising from the conditions, you agree to submit to the exclusive jurisdiction of the courts located within the county of Eastern District Court, Virginia.

Legal Compliance
You undertake to abide by all applicable domestic and international laws, statutes, ordinances, and regulations when using our service and listing, purchasing, soliciting offers to purchase, and selling things.

Last Updated: May/2023