We may amend this Agreement at any time by posting the amended terms on the website. This Agreement is effective upon acceptance in registration for new registering users.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Retrophoria members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our website. Further, your Retrophoria account (including feedback) and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Registering and setting up a shop on Retrophoria is free. We do charge fees upon the sale on an item through our website and when you list an item you have an opportunity to review and accept the fee that you will be charged. We may change our fees policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the website. However, we may choose to temporarily change our fees policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the website. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the website and all applicable taxes.
Retrophoria is a Venue
Retrophoria is not a Retailer. Although we are commonly referred to as an online marketplace, it is important to realize that we are not a traditional "retailer." Instead, the website acts as a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
We use many techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the Internet is difficult, Retrophoria cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the website. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Because we are a venue, in the event that you have a dispute with one or more users, you release Retrophoria (and our officers, directors, agents, subsidiaries, joint ventures 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.
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this website, you agree to accept such risks and Retrophoria is not responsible for the acts or omissions of users on the website.
As a buyer, you are obligated to complete the transaction with the seller if you purchase an item on Retrophoria in any shop within seven (7) days. As a seller, you are obligated to sell and ship the item as described.
Retrophoria will bill you for the services that you have used on a monthly basis. Payment must be made within 30 days of receipt to avoid interruption and possible cancelation of your account. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible, so that we can either resolve the issue or eliminate the charge.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Website. You must describe your item and all terms of sale on the listing page of the website. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Binding Sale: You are obligated as the seller to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud: Without limiting any other remedies, Retrophoria may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the website.
Manipulation: Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Definition:"Your Information" is defined as any information you provide to us or other users in the registration, listing process, in any public message area (such as the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Information (or any items listed) and your activities on the Website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or otherwise adult in nature or harmful to minors (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have for sale but are priced lower; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the website (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current terms.
Prohibited, Questionable and Infringing Items
Access and Interference
The Website may contain robot exclusion headers. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Retrophoria by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of Retrophoria and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Integrity: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of purchases and listings you may place on the Website based upon the level of your feedback. If you earn a net feedback rating below fifty percent, your membership may be suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Retrophoria, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Retrophoria users, you agree that you shall not market or export your Retrophoria feedback rating in any venue other than an Retrophoria operated website. Import: We do not provide you with the technical ability to import feedback from other (non-Retrophoria operated) websites to Retrophoria because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies, we may limit your activity, immediately remove your 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 if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
You and Retrophoria are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Retrophoria Attn: Legal Department 226 East Genesee Street, Auburn, NY 13021 (in the case of Retrophoria) or to the email address you provide to Retrophoria during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Retrophoria during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.