VO Trust is a DBA of VO Web Enterprises, Inc. of San Francisco, California
VO TRUST TERMS AND CONDITIONS
1. Your Agreement With VO Trust.
Your use of VO Trust trade venue (“Service”) is subject to these terms and conditions (“Terms”). “VO Trust” and/or “We” and/or “Our” and/or “Us” means VO Trust, A dba of Derek Devries of San Francisco, California. Your acceptance of these terms is a precondition to your use of the Service, and your acceptance is demonstrated either by you clicking on the box accepting these terms as part of the registration process or by your use of the Services. We may change these terms at any time, and new terms will be located here. You agree that your use of the Service after new terms are posted constitutes your agreement to the new terms whether or not you have chosen to check for and read the new terms.
2. Your Account with VO Trust
When registering with VO Trust for use of the Service you will provide complete and accurate information to Us each time you are called upon to provide information necessary to your account. You will receive a unique VO Trust logon name and password of your choosing and it is your sole responsibility to protect the security of that information. You will not allow the unauthorized use of your logon information to access the Service, and if you become aware of unauthorized use, you will promptly notify Us as provided in Section 16(B) of these Terms. You warrant that your use of the Service will comply with all Federal, state, local, and if applicable, international laws, regulations and ordinances and that you will not knowingly use the Service to effect an unlawful purpose. The Service capabilities may only be accessed through the VO Trust web site, and you will not access or attempt to access the Service by any other means.
3. Our Service
Our services affords you the opportunity to list items for trade, propose trades with other users and to finalize agreed upon trades. The rules of our system are intended to encourage to select a relative trade value for your item which will be regarded by others as reasonable and which will maximize the interest of others to trade with you. We do not verify the existence, description, condition or value of any item listed for trade nor do we provide a guarantee with respect to any aspect of the Service or warranty of any product. (See Section 10)
(A) WE ARE A VENUE ONLY. We are not part of any transaction between You and another User. You assume all risks of the transactions, including but not limited to that there are people who might be acting under false pretenses; that a User may not complete the transaction; that information provided by another user may be deceptive, inaccurate. YOU SHOULD USE COMMON SENSE, CAUTION AND SAFE TRADING PRACTICES WITH OTHER USERS ON THIS SITE.
(B) You must reside either in the USA or Canada and be of legal age and capacity according to the law of the jurisdiction You reside in.
(C) When You register an item on our site You must establish a Relative Trade Value (RTV) for that item, and the RTV cannot be changed, without withdrawing the item from the Service and starting over. Our fee is based on the RTV and Your trade proposals will be based on the assigned RTV. When registering an item You will indicate if You are willing to receive proposals based on a combination of two or more items or only a single item in trade for Your item. You will also have the option of listing duplicate items (for a reduced fee) or if You are willing to allow the other party to select a Substitute item from others You listed instead of the proposed item (explained below).
(D) You may propose a trade of one of Your items (or two or more if the other party has agreed to be offered multiple items) for an item listed by another User so long as Your RTV is equal to or greater than the RTV of the item You’re proposing to trade for,
(E) An item once submitted by You may not be edited or changed. You may withdraw the item and submit it again with a new RTV and/or other changes. You may not edit or change a proposal once made except by withdrawing the item or items from the trade list.
(F) Once You've made a valid trade offer for another User's item, using one or more of Your items, the same offer may not be made again, in whole or in part, unless the items offered by you have been withdrawn and then registered again on the system.
(G) If you have authorized a Substitute proposal, that allows the other party to either accept Your item or items in trade or to complete the trade by selecting any other single item You have listed on the system so long as the item they are selecting to trade for, has a RTV equal to or less than the item or items You wish to offer.
(I) A trade proposal, once accepted by the other party constitutes an agreement between the two parties to trade the items which are the subject of the proposal, and the items will be automatically withdrawn from the Service. The parties to the proposal are solely responsible for completing and enforcing the agreement to trade, and VO Trust has no duty with respect to the actual exchange of items. Once the proposal is accepted, VO Trust will inform each party of the other’s email address, and thereafter it is at the discretion of each party to reveal other necessary or helpful information to complete the transaction, such as name, address and phone number. With respect to any item, a party may specify a new email address a maximum of two times.
(J) Unless otherwise agreed by the two parties to a trade, the party delivering an item is responsible for the cost of delivery of that item and may select an appropriate means of delivery. The party receiving an item may specify a delivery location of their choice within the jurisdiction of their residence. The delivering party bears the risk of loss until the item is delivered to the other party designated location.
4. Fees and Costs and Payments.
VO charges a fee each time You list an item for trade, based upon the item’s RTV, and unless traded, the listing remains active for 44 days. You will have the option of extending a listing for additional 44 day periods at the same fee. Our current fees may be found here and may be changed at any time. In order to list items You must have an active credit card or Pay Pal account in good standing and You authorize us to bill charges to that card or account.
5. Prohibited Conduct and Activities
You will not utilize the Service yourself to engage in or facilitate others to engage in the following prohibited conduct or activities
(A) Generate or facilitate unsolicited commercial email ("spam"), including, but is not limited to:
sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any web property to find email addresses or other user account information; sending unauthorized mail via open, third-party servers; sending emails to users who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom You have no preexisting relationship.
(B) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
(C) Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(D) Conduct or forward pyramid schemes and the like or transmit content that may be harmful to minors;
(E) Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
(F) Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
(G) Use Our Service to violate the legal rights (such as rights of privacy and publicity) of others or promote or encourage illegal activity;
(H) Use Our Service to interfere with other users' enjoyment of the Service;
(I) Sell, trade, resell or otherwise exploit Service for any unauthorized commercial purpose;
(J) Modify, adapt, translate, or reverse engineer any portion of Our Service;
(K) Remove any copyright, trademark or other proprietary rights notices on Our Service or reformat or frame any portion of the web pages that are part of the user interface;
(L) Use Our Service in connection with illegal peer-to-peer file sharing;
(M) Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
(N) Engage in fraudulent offers or involve the sale of counterfeit or stolen items; infringe on another party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
(0) You may not list the following items on our site.
- Alcoholic beverages
- Animals or Wildlife Products
- Charity or Fundraising Listings
- Current Issues of Catalogs
- Contracts and Tickets (unless allowed to be sold pursuant to all applicable federal, state, and local laws)
- Counterfeit Currency and Stamps
- Copyrights or Trademarks
- Counterfeit Items
- Credit Cards
- Drugs and Drug Paraphernalia
- Embargoed Goods and Goods from Prohibited Countries
- Food (other than packaged food meeting all applicable federal, state, and local guidelines and standards)
- Government IDs and Licenses
- Hazardous, Restricted, and Perishable Materials
- Human Parts and Remains
- Lock-picking Devices
- Lottery Tickets
- Mailing Lists and Personal Information
- Multi-level Marketing, Pyramid and Matrix Programs
- Offensive Material
- Plants and Seeds
- Police-Related Items
- Postage Meters
- Recalled Items
- Satellite and Cable TV De-scramblers
- Stocks and Other Securities
- Stolen Property
- Surveillance Equipment
- Used Medical Devices
- Weapons & Knives
6. Obligations of Clients And VO Trust Rights
(A) We reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, refuse or remove any of your applications from Our Service. You agree to immediately cease and activity which violates this agreement, with or without notice from Us.. In the event that You elect not to comply with a request to remove a listing or otherwise cease activity in violation of this Agreement, We reserve the right to directly remove your listing and any other action we deem necessary in the circumstance.
(B) VO Trust reserves the right to terminate your account and or remove any listing which violates this Agreement.
(C) You agree that You are solely responsible for (and that We have no responsibility to You or to any third party for any listing create, transmit or display while using the Service and for the consequences of your actions by doing so.
(D) You agree that We have no responsibility or liability for the deletion or failure to store any data or content and other communications maintained or transmitted through use of Our Service.
7. Intellectual Property Rights
(A) You acknowledge and agree that We own legal right, title and interest in and to Our Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
(B) When You provide content to us, You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) You have in the content, in any media known now or in the future.
(C) We claim no ownership or control over your content. You retain copyright and any other rights You already hold in your content and You are responsible for protecting those rights, as appropriate. By submitting your content to Our Service You give us the right to use the content consistent with these terms.
8. VO Trust License and Restrictions
(A) We provide You the ability to propose items to trade with others and to execute those trades with another party who has agreed to trade with you. This is for the sole purpose of enabling You to use and enjoy the benefit of Our Service, in the manner permitted by the Terms.
(B) You may not assign (or grant a sub-license of) your rights to use the Our Service, grant a security interest in or over your rights to use it, or otherwise transfer any part of your rights to use it.
9. Modification and Termination of Service
(A) You acknowledge and agree that the form and nature of Our Service may change from time to time without prior notice to you.
(B) You may discontinue your use of Our Service at any time. We may, at any time, terminate your use of Our Service if (A) You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms) or (B) If we are required to do so by law (for example, where the provision of Our Service to You is, or becomes, unlawful). Further, we may terminate your use of Our Service for any reason with or without notice.
(C) Upon any termination of the Service, these Terms will also terminate, but Sections 10, shall continue to be effective after these Terms are terminated.
10. Warranties and Limitations on Liability
(A) YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK AND OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
(B) WE MAKES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO You THAT: (A) YOUR USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE (C) THAT THE INFORMATION PROVIDED BY OTHERS WITH RESPECT TO TRADE ITEMS IS ACCURATE OR THAT THE PARTY WITH WHICH You AGREE TO EXECUTE A TRADE WILL FULFILL THEIR PART OF THE TRADE OR THAT THEY ARE LEGALLY CAPABLE OF FULFILLING THEIR PART OF THE TRADE..
(C) WE ARE NOT LIABLE TO You FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS.
11. Your Indemnification of VO Trust
You agree to hold harmless and indemnify VO Trust, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your content or your application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide You with written notice of such claim, suit or action.
12. User Ratings
Users may provide anecdotal feedback on other Users as well as a Feedback Score and each User’s Composite Feedback Score will be published along with selected anecdotal quotations at the discretion of Us. You will not publish false or defamatory statements about another User, although we are under no obligation to review, verify or remove any statement by another User. You waive any claim against VO Trust arising out of a false or defamatory claim published by another User. Based upon your Composite Feedback Score we may limit the number of trades and items for trade You may place on the Site based upon the level of your feedback. If You earn a net feedback rating below a level we deem to be unacceptable, your membership may be suspended, or closed and You may be unable to list, trade or even login to the site. You will not use your VO Trust Feedback Score or anecdotal statements on any website other than VO Trust without our prior written consent which may be denied in our sole discretion.
We have the right, in our sole discretion to limit your activity, immediately remove your trades or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you.
15. Personal Liability
(A) If You are a corporation or a limited liability company the shareholders (in the case of a corporation or the members (in the case of an LLC)) shall be jointly and severally liable with You for your obligations herein.
16. Additional Terms
(A) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the assigns, successors in interest, personal representatives, designated beneficiaries and heirs of the respective parties to it.
(B) Notice. You agree that we may provide You with notices by email, or postings on the Service. When you are required to give us notice under this Agreement, you may do so to the email address provided in this section now or as amended in the future. Notices from you must include your name, address, telephone number and your VO Trust Login name.
NOTICES TO VO Trust:
Derek Devries, President
VO Trust Email: firstname.lastname@example.org
NOTICES TO You
To the email address provided when establishing your account or as latter amended by you..
(C) Governing Law and Venue. This Agreement shall be construed pursuant to the laws of the State of California, and the exclusive jurisdiction and venue for any legal action shall be in San Francisco County, California. You agree to submit to the jurisdiction of the State or Federal Court located in San Francisco, California.
(D) Severability. It is intended that each provision of this Agreement be viewed as separate and divisible. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
(E) Sole Agreement. This Agreement and the exhibit attached hereto constitute the sole and only agreement of the parties hereto respecting the subject matter herein, and correctly set forth the rights, duties and obligations of each to the other in relation thereto as of its date. There are no promises, negotiations, conditions, understandings or representations, either oral or written, between the parties concerning its subject matter other than as expressly set forth in this Agreement.