The entity you are contracting with is: Skinholy LLC., 276 Fifth Ave, Ste 704, PMB 180, New York, NY 10001.
In this Terms and Conditions, these entities are individually and collectively referred to as “Skinholy,” “we,” or “us.”
Please be advised that this Terms and Conditions contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
Skinholy is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Skinholy is not a party to the transaction, and it is not a seller or a traditional auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Skinholy has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing our Services, you agree to comply with this Terms and Conditions, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
Sellers must meet Skinholy’s minimum performance standards. Failure to meet these standards may result in Skinholy charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Skinholy in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating our policies, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Skinholy, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
Joining Skinholy and bidding or purchasing on listed items is free. The fees we charge for using other Services are listed on our Fees schedule page. We may change our seller fees from time to time by posting the changes on the Skinholy site 14 days in advance, but with no advance notice for temporary promotions or any changes that result in the reduction of fees.
Unless otherwise stated, all fees are quoted in US Dollars.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Skinholy. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Skinholy, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.
You must have a payment method on file when selling through our Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services, and for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. Skinholy, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
In any jurisdiction where Skinholy has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.
Seller fees don’t purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
When listing an item, you agree to comply with rules and policies for Selling Items on Skinholy and selling practices policy and that:
When buying an item, you agree to the rules for buyers and that:
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Skinholy, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Terms and Conditions, does not and will not infringe any Intellectual Property Rights of any third party. Skinholy takes no responsibility and assumes no liability for any content provided by you or any third party.
We may offer product data (including images, descriptions and specifications) that are provided by third parties (including Skinholy users). You may use that content solely in your Skinholy listings. Skinholy may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information, and comply with these Terms and Conditions and all Skinholy policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Skinholy is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “Skinholy” and other Skinholy marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Skinholy in the U.S. and other countries. They may not be used without the express written prior permission of Skinholy.
Skinholy’s review program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our compliance team and we will investigate.
Holds and Restricted Funds
To protect Skinholy from risk of liability for your actions as a seller, Skinholy has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Skinholy money back guarantee case. This may result in PayPal restricting funds in your PayPal account.
Authorization to Contact You; Recording Calls; Analysing Message Content
Skinholy may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Skinholy or its agents for quality control and training purposes, or for its own protection.
Skinholy’s automated systems scan and analyse the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Skinholy’s Terms and Conditions, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Skinholy may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If Skinholy provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on the sites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Skinholy site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Skinholy has launched a managed payments service, where a designated Skinholy entity (each, a “payments entity”) manages payments on behalf of sellers (such management described as “managed payments” or similar).
Using the managed payments service will be a prerequisite for using the Services as a seller.
When we enable your account to be activated for managed payments, Skinholy may notify you of your eligibility for registration.
If you were notified and decide not to proceed with registration for managed payments, we reserve the right to limit access to our Services (including but not limited to restricting your ability to list or make changes to existing listings) or end your listings.
The contract for sale underlying the purchase of goods is directly concluded between the seller and buyer in the same manner as for transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that is using managed payments:
Disclaimer of Warranties; Limitation of Liability
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Skinholy’s applications may not occur in real time. Such functionality is subject to delays beyond Skinholy’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Skinholy (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Skinholy was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. Skinholy cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of our Services or your breach of any law or the rights of a third party.
If a dispute arises between you and Skinholy, we strongly encourage you to first contact us directly to seek a resolution. Failing resolution through Customer Support, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any claim, dispute or matter arising under or in connection with these Terms and Conditions shall be governed by and construed in all respects by the laws of Delaware. You and Skinholy both agree to submit to the non-exclusive jurisdiction of the Delaware Courts.
Except as otherwise provided in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
In our sole discretion, we may assign these Terms and Conditions, by providing notice of such assignment in accordance with the notices section.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
We may amend these Terms and Conditions at any time by posting the amended terms on this site. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. We will provide you with 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Skinholy Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms and Conditions through an electronic click-through. This Terms and Conditions may not otherwise be amended except through mutual agreement by you and an Skinholy representative who intends to amend these Terms and Conditions and is duly authorized to agree to such an amendment.
Without limiting Skinholy’s ability to refuse, modify, or terminate all or part of our Services, Skinholy may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our sites may be changed from time to time. Changes take effect when we post them on the Skinholy site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms and Conditions. Such account is owned and controlled by the business entity.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.
A person who is not a party to this Terms and Conditions has no right under the Contracts to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party specified in these Terms and Conditions or which exists or is available apart from that law
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