Goldbely is a Venue
Goldbely acts as a venue to allow users who comply with Goldbely’s policies to offer, sell, and buy certain food and related goods within a fixed price format. Goldbely is not directly involved in the transaction between buyers and sellers. As a result, Goldbely has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Goldbely does not pre-screen users or the content or information provided by users. Goldbely cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Goldbely does not transfer legal ownership of items from the seller to the buyer. Goldbely cannot guarantee the true identity, age, and nationality of a user. Goldbely encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Goldbely is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Goldbely. You use the Goldbely service at your own risk.
Age: Goldbely’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Goldbely E-gift Cards
Goldbely e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Goldbely.com online catalog. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations of $50, $100. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on Goldbely. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Goldbely standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards expire 1 year from the purchase date. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Goldbely Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Goldbely account. E- Cards are not currency, and do not have cash value outside of Goldbely. Goldbely is not responsible for any unauthorized use of an E-Card.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Goldbely’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Goldbely shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their Goldbely shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Goldbely’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Goldbely reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Goldbely transaction fees, misrepresent the item’s location, or use another user’s account without permission.
You are solely responsible for your conduct and activities on and relating to Goldbely and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Goldbely. Restricted Activities: Your Content and your use of Goldbely shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Goldbely staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Link directly or indirectly, reference or contain information about goods or services offered external to Goldbely.
- Modify, adapt or hack Goldbely or modify another website so as to falsely imply that it is associated with Goldbely
- Appear to create liability for Goldbely or cause Goldbely to lose (in whole or in part) the services of Goldbely’s ISPs or other suppliers
Re-Posting Content: By posting Content on Goldbely, it is possible for an outside website or a third party to re-post that Content. You agree to hold Goldbely harmless for any dispute concerning this use. If you choose to display your own Goldbely-hosted image on another website, the image must provide a link back to its listing page on Goldbely.
Goldbely does not control the Content provided by users that is made available on Goldbely. You may find some Content to be offensive, harmful, inaccurate, or deceptive. 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 Goldbely, you agree to accept such risks and that Goldbely (and Goldbely’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Goldbely. Please use caution, common sense, and practice safe buying and selling when using Goldbely.
Other Resources: Goldbely is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Goldbely does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Goldbely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Goldbely, please contact Goldbely. Should you have a dispute with one or more users, or an outside party, you release Goldbely (and Goldbely’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Goldbely encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Goldbely, for the benefit of users, may try to help users resolve disputes. Goldbely does so in Goldbely’s sole discretion, and Goldbely has no obligation to resolve disputes between users or between users and outside parties. To the extent that Goldbely attempts to resolve a dispute, Goldbely will do so in good faith based solely on Goldbely’s policies. Goldbely will not make judgments regarding legal issues or claims.
Goldbely’s Intellectual Property
Goldbely, and other Goldbely graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Goldbely, Inc. in the U.S. and/or other countries. Goldbely’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Much of the information on Goldbely is updated on a real-time basis and is proprietary or is licensed to Goldbely by Goldbely’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Goldbely for any purpose without Goldbely’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Goldbely’s sole discretion, an unreasonable or disproportionately large load on Goldbely’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Goldbely and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, Goldbely may, without notice, and without refunding any fees, delay or immediately remove Content, warn Goldbely’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
GOLDBELY, GOLDBELY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND GOLDBELY’S SUPPLIERS PROVIDE GOLDBELY’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GOLDBELY, GOLDBELY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GOLDBELY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GOLDBELY SHALL CREATE ANY WARRANTY. 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 GOLDBELY, AND (AS APPLICABLE) GOLDBELY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GOLDBELY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GOLDBELY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GOLDBELY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GOLDBELY’S 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 GOLDBELY 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 GOLDBELY AND (AS APPLICABLE) GOLDBELY’S 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.
Goldbely does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Goldbely’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Goldbely’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Goldbely are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Goldbely’s sole discretion, in good faith, and using common sense and reasonable judgment.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Goldbely’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Goldbely Attn: Legal; 1663 Mission St Ste 320, San Francisco, CA 94103 (in the case of Goldbely) or, in your case, to the email address you provide to Goldbely (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Goldbely may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Goldbely. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Goldbely Inc., located at 1663 Mission St Ste 320, San Francisco, CA 94103